British Columbia Hansard — Wednesday, October 28, 2009

H1028pm-03

British Columbia — Debates (Hansard)

First Session, 39th Parliament o FFicial rePort o F Debates of the Legis Lative a ssemb Ly (hansarD) the honourable bill bari So FF, SPeaker iSSn 0709-1281 Wednesday, October 28, 2009 Afternoon Sitting Volume 6, Number 3

Pro Vince o F britiS h colu Mbia (entered c onfederation July 20, 1871) lieutenant -Go Vernor h is h onour the h onourable Steven l. Point, obc First Session, 39th Parliament SPeaker o F the leGiS latiVe a SSeMbl Y h onourable bill barisoff eXecutiVe council Premier and President of the executive c ouncil ......................................................................................................h on.

Gordon c ampbell Minister of State for intergovernmental r elations ....................................................................................................h on. n aomi Y amamoto Deputy Premier and Minister of Finance .......................................................................................................................... h on. c olin h ansen Minister of State for the o lympics and a ctn ow b.c. ....................................................................................................... h on.

Mary Mcn eil Minister of a boriginal r elations and r econciliation .....................................................................................................h on. George a bbott Minister of a dvanced e ducation and l abour Market Development ............................................................................ h on. Moira Stilwell Minister of a griculture and l ands ...................................................................................................................................h on.

Steve Thomson a ttorney General ...................................................................................................................................................... h on. Michael de Jong, Qc Minister of c hildren and Family Development and Minister r esponsible for c hild c are ............................................h on.

Mary Polak Minister of citizens' Services and Minister r esponsible for Multiculturalism and the Public a ffairs bureau ...........h on. ben Stewart Minister of c ommunity and r ural Development ................................................................................................................h on. bill bennett Minister of e ducation and Minister r esponsible for early l earning and l iteracy ......................................h on.

Margaret MacDiarmid Minister of energy, Mines and Petroleum r esources .....................................................................................................h on. blair l ekstrom Minister of State for Mining ................................................................................................................................................h on. r andy h awes Minister of environment .......................................................................................................................................................h on. barry Penner Minister of State for c limate a ction ...........................................................................................................................................h on.

John Y ap Minister of Forests and r ange and Minister r esponsible for the integrated l and Management bureau ........................... h on.

Pat bell Minister of h ealth Services ...................................................................................................................................................h on. k evin Falcon Minister of h ealthy l iving and Sport ...................................................................................................................................... h on. ida c hong Minister of h ousing and Social Development .................................................................................................................h on. r ich c oleman Minister of l abour ................................................................................................................................................................ h on.

Murray c oell Minister of Public Safety and Solicitor General .....................................................................................................................h on. k ash h eed Minister of Small business, t echnology and e conomic Development ................................................................................ h on. iain black Minister of t ourism, c ulture and the a rts ...................................................................................................................... h on. k evin k rueger Minister of t ransportation and infrastructure ...................................................................................................................h on.

Shirley bond leGiS latiVe a SSeMbl Y l eader of the official o pposition ...................................................................................................................................................c arole James Deputy Speaker .................................................................................................................................................................................... l inda r eid a ssistant Deputy Speaker .............................................................................................................................................................c laire t revena Deputy c hair, c ommittee of the Whole .......................................................................................................................................... h arry bloy c lerk of the l egislative a ssembly...................................................................................................................e.

George MacMinn, obc, Q c c lerk a ssistant ..................................................................................................................................................................................r obert Vaive c lerk a ssistant and l aw c lerk................................................................................................................................................. ian D. izard, Qc c lerk a ssistant and c lerk of c ommittees ................................................................................................................................. craig h.

James c lerk a ssistant and c ommittee c lerk .................................................................................................................................... k ate r yan-l loyd Sergeant-at-a rms .................................................................................................................................................................................

Gary l enz Director, h ansard Services ............................................................................................................................................................Jo-a nne k ern a cting l egislative l ibrarian .......................................................................................................................................................... Peter Gourlay l egislative c omptroller ....................................................................................................................................................................... Dan a rbic

alP habetical liS t o F MeMberS a bbott, h on. George (l) ........................................................................ Shuswap a ustin, r obin (nDP) ................................................................................ Skeena bains, h arry (nDP) ....................................................................Surrey-n ewton barisoff, h on. bill (l) ............................................................................Penticton barnett, Donna (l) ................................................................ c ariboo-c hilcotin bell, h on.

Pat (l) ..................................................... Prince George–Mackenzie bennett, h on. bill (l) ...................................................................k ootenay e ast black, Dawn (nDP) ................................................................n ew Westminster black, h on. iain (l) ..................................................... Port Moody–c oquitlam bloy, h arry (l) ......................................................................burnaby-l ougheed bond, h on.

Shirley (l) ...........................................Prince George–Valemount brar, Jagrup (nDP) ................................................................ Surrey-Fleetwood c adieux, Stephanie (l) ...........................................................Surrey-Panorama c ampbell, h on. Gordon (l) .........................................Vancouver–Point Grey c antelon, r on (l) ..............................................................

Parksville-Qualicum c hong, h on. ida (l) ..................................................... o ak bay–Gordon h ead c houhan, r aj (nDP) ........................................................... burnaby-e dmonds c oell, h on. Murray (l) ....................................Saanich n orth and the islands c oleman, h on. r ich (l) ...........................................

Fort l angley–a ldergrove c onroy, katrine (nDP) .............................................................. k ootenay West c oons, Gary (nDP) .........................................................................n orth c oast c orrigan, k athy (nDP) ..................................................... burnaby–Deer l ake Dalton, Marc (l) .............................................................. Maple r idge–Mission de Jong, h on.

Michael, Qc (l) .............................................. a bbotsford West Dix, a drian (nDP) ............................................................Vancouver-kingsway Donaldson, Doug (nDP) ......................................................................... Stikine e lmore, Mable (nDP) ................................................... Vancouver-kensington Falcon, h on. k evin (l) ..........................................................Surrey-c loverdale Farnworth, Mike (nDP) ............................................................

Port c oquitlam Fleming, r ob (nDP) .......................................................... Victoria–Swan l ake Foster, eric (l) .......................................................................Vernon-Monashee Fraser, Scott (nDP) ............................................................a lberni–Pacific r im Gentner, Guy (nDP) .........................................................................Delta n orth h ammell, Sue (nDP) .................................................... Surrey–Green t imbers h ansen, h on. c olin (l) ..................................................

Vancouver-Quilchena h awes, h on. r andy (l) ..................................................... a bbotsford-Mission h ayer, Dave S. (l) .................................................................... Surrey-t ynehead h eed, h on. k ash (l) ...................................................... Vancouver-Fraserview h erbert, Spencer (nDP) ..................................................Vancouver–West end h ogg, Gordon (l) ............................................................... Surrey–White r ock h organ, John (nDP) .......................................................................

Juan de Fuca h orne, Douglas (l) ..............................................c oquitlam–b urke Mountain h oward, r ob (l) .....................................................................r ichmond c entre h untington, Vicki (ind.) ..................................................................Delta South James, c arole (nDP) .........................................................Victoria–b eacon h ill k aragianis, Maurine (nDP) ........................................e squimalt–r oyal r oads k rog, l eonard (nDP) ........................................................................... n anaimo k rueger, h on. k evin (l) ..................................... k amloops–South Thompson kwan, Jenny Wai ching (nDP) ...........................

Vancouver–Mount Pleasant l ake, t erry (l) .....................................................k amloops–n orth Thompson l ali, h arry (nDP) ..........................................................................Fraser-n icola l ee, r ichard t . (l) .......................................................................burnaby n orth l ekstrom, h on. blair (l) .......................................................

Peace r iver South l es, John (l) .........................................................................................c hilliwack l etnick, n orm (l) ........................................................k elowna–l ake c ountry MacDiarmid, h on. Margaret (l) ..................................... Vancouver-Fairview Macdonald, n orm (nDP) ....................................c olumbia r iver–r evelstoke Mcintyre, Joan (l) ..................................................West Vancouver–Sea to Sky Mcn eil, h on.

Mary (l) .................................................Vancouver–False creek Mcr ae, Don (l) ............................................................................. c omox Valley Mungall, Michelle (nDP) ..........................................................n elson-creston Penner, hon. barry (l) ............................................................c hilliwack-h ope Pimm, Pat (l) ..........................................................................Peace r iver n orth Polak, h on.

Mary (l) ...............................................................................l angley Popham, l ana (nDP) ...................................................................Saanich South r alston, bruce (nDP) ................................................................

Surrey-Whalley r eid, l inda (l) .............................................................................r ichmond e ast r outley, bill (nDP) .................................................................. c owichan Valley r outley, Doug (nDP) ............................................n anaimo–n orth c owichan r ustad, John (l) ........................................................................... n echako l akes Sather, Michael (nDP) ......................................... Maple r idge–Pitt Meadows Simons, n icholas (nDP) ...................................

Powell r iver–Sunshine c oast Simpson, bob (nDP) ...................................................................c ariboo n orth Simpson, Shane (nDP) .....................................................Vancouver-hastings Slater, John (l) ..............................................................boundary-Similkameen Stewart, h on. ben (l) ........................................................... Westside-kelowna Stilwell, h on. Moira (l) ...................................................... Vancouver-l angara Sultan, r alph (l) .....................................................

West Vancouver–capilano Thomson, hon. Steve (l) ........................................................k elowna-Mission Thorne, Diane (nDP) .................................................c oquitlam-Maillardville Thornthwaite, Jane (l) .......................................... n orth Vancouver–Seymour t revena, c laire (nDP) .................................................................... n orth island van Dongen, John (l) .............................................................a bbotsford South Y amamoto, hon. n aomi (l) ................................. n orth Vancouver–l onsdale Y ap, hon.

John (l) .............................................................r ichmond-Steveston liS t o F MeMberS bY riD in G a bbotsford-Mission .............................................................h on. r andy h awes a bbotsford South .....................................................................John van Dongen a bbotsford West ...................................................... h on. Michael de Jong, Qc a lberni–Pacific r im ..........................................................................

Scott Fraser boundary-Similkameen .....................................................................John Slater burnaby–Deer l ake ................................................................... k athy c orrigan burnaby-e dmonds ......................................................................... r aj c houhan burnaby-l ougheed ............................................................................ h arry bloy burnaby n orth .............................................................................. r ichard t . l ee c ariboo-c hilcotin ........................................................................Donna barnett c ariboo n orth ................................................................................ bob Simpson c hilliwack ...............................................................................................

John l es c hilliwack-h ope ...................................................................h on. barry Penner c olumbia r iver–r evelstoke .................................................. n orm Macdonald c omox Valley.................................................................................... Don Mcr ae c oquitlam–b urke Mountain .....................................................Douglas h orne c oquitlam-Maillardville...............................................................

Diane Thorne c owichan Valley ................................................................................ bill r outley Delta n orth ......................................................................................Guy Gentner Delta South ...............................................................................Vicki h untington e squimalt–r oyal r oads .....................................................Maurine k aragianis Fort l angley–a ldergrove ...................................................h on. r ich c oleman Fraser-n icola........................................................................................ h arry l ali Juan de Fuca .....................................................................................John h organ k amloops–n orth Thompson .............................................................t erry l ake k amloops–South Thompson ............................................ h on. k evin k rueger k elowna–l ake c ountry ...............................................................n orm l etnick k elowna-Mission .............................................................. h on.

Steve Thomson k ootenay e ast .......................................................................... h on. bill bennett k ootenay West ............................................................................ k atrine c onroy l angley.......................................................................................h on. Mary Polak Maple r idge–Mission .....................................................................

Marc Dalton Maple r idge–Pitt Meadows ........................................................Michael Sather n anaimo ......................................................................................... l eonard k rog n anaimo–n orth c owichan ......................................................... Doug r outley n echako l akes ..................................................................................

John r ustad n elson-creston ........................................................................Michelle Mungall n ew Westminster ..............................................................................Dawn black n orth c oast....................................................................................... Gary c oons n orth island .................................................................................. c laire t revena n orth Vancouver–l onsdale ........................................h on. n aomi Y amamoto n orth Vancouver–Seymour .................................................

Jane Thornthwaite o ak bay–Gordon h ead ............................................................ h on. ida c hong Parksville-Qualicum ..................................................................... r on c antelon Peace r iver n orth ................................................................................

Pat Pimm Peace r iver South ...............................................................h on. blair l ekstrom Penticton................................................................................... h on. bill barisoff Port c oquitlam ..........................................................................Mike Farnworth Port Moody–c oquitlam .............................................................h on. iain black Powell r iver–Sunshine c oast ................................................. n icholas Simons Prince George–Mackenzie .............................................................h on.

Pat bell Prince George–Valemount ...................................................h on. Shirley bond r ichmond c entre ............................................................................ r ob h oward r ichmond e ast ................................................................................... l inda r eid r ichmond-Steveston .................................................................... h on. John Y ap Saanich n orth and the islands ........................................... h on.

Murray c oell Saanich South ................................................................................ l ana Popham Shuswap ...............................................................................h on. George a bbott Skeena .............................................................................................. r obin a ustin Stikine .......................................................................................

Doug Donaldson Surrey-c loverdale .................................................................h on. k evin Falcon Surrey-Fleetwood ...............................................................................Jagrup brar Surrey–Green t imbers ..................................................................Sue h ammell Surrey-n ewton ................................................................................. h arry b ains Surrey-Panorama ..................................................................Stephanie c adieux Surrey-t ynehead ...........................................................................

Dave S. h ayer Surrey-Whalley.............................................................................. bruce r alston Surrey–White r ock ....................................................................... Gordon h ogg Vancouver-Fairview ............................................. h on. Margaret MacDiarmid Vancouver–False creek ........................................................ h on.

Mary Mcn eil Vancouver-Fraserview ..............................................................h on. k ash h eed Vancouver-hastings ....................................................................Shane Simpson Vancouver-kensington .................................................................Mable e lmore Vancouver-kingsway..........................................................................a drian Dix Vancouver-l angara ............................................................. h on. Moira Stilwell Vancouver–Mount Pleasant .........................................

Jenny Wai ching kwan Vancouver–Point Grey .................................................h on.

Gordon c ampbell Vancouver-Quilchena ..........................................................h on. c olin h ansen Vancouver–West end ................................................................Spencer h erbert Vernon-Monashee ...............................................................................eric Foster Victoria–b eacon h ill .......................................................................c arole James Victoria–Swan l ake.........................................................................r ob Fleming West Vancouver–capilano ............................................................. r alph Sultan West Vancouver–Sea to Sky ........................................................

Joan Mcintyre Westside-kelowna ...................................................................h on. ben Stewart Party Standings: l iberal 49; n ew Democratic 35; independent 1

CONTENTS Wednesday, october 28, 2009 a fternoon Sitting Page Routine Business t ributes ..................................................................................................................................................................................... 1679 t ed n ebbeling h on. G. c ampbell M. Farnworth J.

Mcintyre introductions by Members ..................................................................................................................................................... 1679 Statements (Standing order 25b) ......................................................................................................................................... 1680 Wigs for kids program l. r eid c olleen Mccrory and Valhalla Wilderness Society k. c onroy bruce's c ountry Market M. Dalton r ain forest protection in incomappleux Valley M. Sather o lympic t orch r elay in c omox Valley D.

Mcr ae Valhalla Wilderness Society rain forest hiking tour G. Gentner oral Questions ......................................................................................................................................................................... 1682 h osting of o lympic Games dignitaries at t erminal city c lub k. c orrigan h on. i. b lack r . Fleming b. r alston M. Farnworth Distribution of Gamest own 2010 o lympic Games tickets V . huntington h on. i. b lack Waiting times for surgeries in b.c . a. Di x h on. k.

Falco n J. h organ e arly intervention program for children with autism M. k aragianis h on. M. Polak M. e lmore

Orders of the Day Second r eading of bills .......................................................................................................................................................... 1687 bill 17 — h ealth Statutes (r esidents' bill of r ights) a mendment a ct, 2009 (continued) M. k aragianis l. k rog n. Macdonal d G. c oons k. c orrigan a. Di x G. Gentner c. t revena n. l etnick M.

Sather V . huntington h. l ali b. r outley D. r outley h. b ains D. h ayer h on. i. c hong Proceedings in the Douglas Fir Room c ommittee of Supply .............................................................................................................................................................. 1724 e stimates: Ministry of h ousing and Social Development (continued) S. Simpson h on. r . c oleman S. h erbert

1679 WeD neSD a Y , october 28, 2009 The h ouse met at 1:35 p.m. [Mr. Speaker in the chair.] Routine Business Prayers. Tributes teD nebbelin G Hon. G. Campbell: i ri se t od a y t o pa y tri b u t e t o a colleague and a friend of many of us in this chamber.

The former mayor of Whistler, the former Mla for West Vancouver–Garibaldi, passed away this morning after a long bout with cancer. a s those of you who knew him would know, t ed was a passionate and committed public servant. a s the mayor of Whistler, he actually watched and helped guide that community to a world-class resort centre recognized around the world for the quality of its lifestyle and the quality of its community. h e was dedicated to his province and to his town. h e was the minister of state for the 2010 Winter o lympic and Paralympic Games bid following the election in 2001 and travelled all around the world to try and ensure that we were successful in attaining that bid. it is, i think, sometimes difficult for all of us to remember that we all are mortal in this world. it's hard to believe that someone that had the energy, the capacity and the real joy of life, like t ed did, has left our midst. i know that he was the first sitting cabinet minister to marry a same-sex partner. i'm sure his partner Jan will miss him greatly, as will his family, as will his friends and as will all of us. h e made a huge contribution to his province and made the world a little bit better and little bit brighter for all of us. i hope that we would send our condolences to Jan and the entire family.

M. Farnworth: We on this side of the h ouse would like to join with the Premier in extending our condolences to Jan, t ed's partner. The Premier very eloquently said that t ed brought an energy to this h ouse. a ll of us in this chamber, myself and a number of my colleagues who served with him back in the '90s will miss him. We join with the Premier in sending condolences to t ed's family and his partner. J.

McIntyre: i'd also like to add just a few words of tribute to t ed n ebbeling, who was my predecessor and my friend. h e was a self-made man, a successful entrepreneur and a fighter right to the end, and he had many supporters and friends all around the world. h e was sensitive and generous and had a wicked sense of humour and sense of play. h e was one of my closest friends, especially at the time that i had the privilege of being his riding president for six years, and trying to manage him was an amazing and memorable challenge. a s the Premier noted, he served as the first minister responsible for the 2010 games, and i'm so very sorry that he will not be here to see the flame lit in Vancouver in February 2010. i know that his spirit will be with us. i also know that he worked very hard on the c ommunity c harter, something that has a lasting effect in the province. h e's a man well deserving of tributes. o ur hearts go out to his partner, his beloved partner Jan h olmberg, as he begins to deal with his deep loss. i just want to assure Jan that we'll all be there with him.

Introductions by Members M. Mungall: Well, when i first started, i didn't think i'd be introducing so many guests from my constituency as it's so far away from Victoria. but today i'd like to introduce to the h ouse Sheila h aegadorn. She's come all the way from k aslo, b.c. Please make her welcome. E. Foster: i rise today to introduce four constituents of mine. Maria Doyle, Debbie t aylor, Jody berry and c ory Fryer are visiting the h ouse today from the city of Vernon. They are in Victoria as members of the staff of the city attending the workshops for local government professional administrators.

They've enjoyed their stay in Victoria and are here in the h ouse today to see how a different level of government works. i ask the h ouse to make them very welcome. J. Rustad: a s with the member for n elson-creston, it's not often you get the chance to introduce people that come from your riding. t oday i have the pleasure of introducing two people in the h ouse, n avi bhatti and a my Green. [1340] n avi is from the community of h ouston. both of them are here attending the u niversity of Victoria. n avi is also the president of the e ducation Students a ssociation at uVic.

We had a great opportunity to go for lunch today and have a chat, and she left me with a quote that i would like to share with the h ouse. This is from e leanor r oosevelt. "Y ou gain strength, courage and confidence by every experience in which you really stop to look fear in the face. Y ou must do the things you think you cannot do." Mr. Speaker and the h ouse, please make n avi and a my welcome. Hon. K. Falcon: t oday in the galleries we have a couple of pharmacy students who are currently doing

british c olumbia Debates1680 Wednesday, o ctober 28, 2009 their four-week rotation at the drug use optimization branch of the pharmaceutical services division. i'd like the h ouse to welcome c esilia n ishi and Jerrold Perrott, who are both with us today. Hon. S. Thomson: Mr. Speaker, i'd like you to join me in welcoming four representatives from the b.c.

Fruit Growers a ssociation, who are here in Victoria today: the president, Joe Sardinha from Summerland; their vice-president k irpal boparai, who is from my riding in k elowna-Mission; Glen l ucas, their general manager; and Josée l arocque, their communications director. This is the association that represents those growers that bring us those great b.c. apples, cherries and soft fruits. i'd like the h ouse to join me in making them welcome. Statements (Standing Order 25B) WiGS For kiDS P ro GraM L.

Reid: i would like today to dedicate this statement to t ed n ebbeling, because it would have made him smile. t ed was my daughter's godfather, and i can tell you he was absolutely enchanting in that role. The title of the statement is "Wigs for k ids." The Wigs for k ids program, british c olumbia c hildren's h ospital, was started in January 2006 by bev Friesen and 11 other women known as the Y a-yas. They fundraise year-round for monetary or silent auction donations, and every spring they hold an annual Wigs for k ids silent auction.

This is their major fundraiser, with all the funds going to the purchase of wigs for kids from all over british c olumbia who have lost their hair to cancer or other serious illnesses. a t any given time in british c olumbia, there are 300 children receiving treatment and another 1,200 in long- term treatment. in many cases, these kids will suffer tem- porary or permanent hair loss.

The children go through an extremely difficult time, and it's even tougher when they lose their hair. k ids may be healthy enough to go back to school, but their life has changed. o ther kids and even some adults can be uncomfortable with side effects like baldness. a wig can help those children resume a sense of normalcy when they return to everyday life.

Their baldness is a question that they then don't have to answer. a ny child who has suffered hair loss is eligible to receive a wig fully paid for if they so wish. e ach wig costs approximately $2,000, but this cost drops to $600 or $800 if the hair is donated. c olleagues, i'm calling upon you. h air must be at least eight inches long and chemically untreated. i wel - come donations of hair. Please call my office for more information. They are always looking for help with this, and the projects are very important to countless british c olumbia families. There are challenging issues, no question.

The leader of this group is bev Friesen, and she would absolutely welcome a call from any one of you. Please stay in touch. colleen Mccror Y an D Valhalla WilD erneSS Societ Y K. Conroy: The Valhalla Wilderness Society was founded in 1975 in n ew Denver in the Slocan Valley. it started as a group of local residents who wanted to save the forested slopes of the Valhalla mountain range from logging. a fter an intensive eight-year campaign, Valhalla Provincial Park was won. The registered charity became involved in other prov- incial, national and international environmental pro - jects.

Valhalla has spearheaded campaigns that now protect over 1.25 million acres. o ver the years, its board of directors and staff has included a diverse mixture of scientific expertise, political strategists, public spokes - persons, and literary and artistic talent. c olleen Mcc rory was one of the society's chief activists and its longtime chairperson, who passed away sud - denly in July of 2007. c olleen was recognized for her work with many awards, both national and international. h owever, one of the lasting legacies of her work was the securing of the Valhalla Mile property.

Thanks to a huge outpouring of public support and donations from across c anada and internationally, the Valhalla Mile — a mile of beachfront property on the west side of Slocan l ake — was successfully purchased and transferred to b.c. Parks in a pril of 2009, becoming part of Valhalla Provincial Park. The Valhalla Foundation for e cology and Social Justice, the l and c onservancy of b.c. and b.c. Parks worked jointly to raise the $1.5 million needed to secure the property from a private land owner.

The addition of the Valhalla Mile to c olleen's favourite park is a tribute to her memory and to her outstanding dedication to the conservation of the natural world. [1345] The campaign to secure the Valhalla Mile was coordin- ated in c olleen's memory by her brother and colleague Wayne Mccrory and his wife and fellow conservation activist, l orna Visser.

"t o protect the Valhalla Mile and have it added to the park was one of c olleen's dreams, so this acquisition gives us great joy," said Wayne Mccrory. on July 1 in n ew Denver a celebration was held to mark this historic event, with supporters in attendance from across the province. it was indeed a tribute to the work of an incredible person and all of the people who are the Valhalla Society.

british c olumbia DebatesWednesday, o ctober 28, 2009 1681 bruce 'S countr Y Market M. Dalton: For generations, travellers driving along the l ougheed h ighway in Maple r idge have stopped at a familiar landmark, bruce's c ountry Market, with its dis- tinct fishing schooner lodged next to it. bruce's Market was opened in 1948 by bruce and e lnora Mce achern and is still owned by the Mce achern family. of the 70 employees, 16 are part of the extended family, and the rest are virtually adopted, calling bruce and e lnora Ma and Pa.

When it opened 61 years ago, the local board of trade said that it wouldn't last six months because it was too far out of town. it seems like they proved the pundits wrong. bruce's Market is the salmon retail outlet for its fleet of ten gill-net boats, a processing plant and smoke- houses. There's also a produce department, a gift

section and a large deli. bruce's Market holds regular events like the fall a pple Fest, when 100 varieties of apples are sold. c ountry bands play while friends socialize over gourmet food. on Mother's Day, Spring Fest is held, featuring their specialty: wild salmon, barbecued or smoked. When i asked Darrel Mce achern what the key to success was for all these years, he said that it was serv - ing people what they needed at the time.

The business has seen lots of variation and sidelines, including sell - ing washers and dryers for a time. h e said that people today are looking for a specialty food experience that is organic, convenient and delicious. bruce's Market does not disappoint. on September 17 a final goodbye was said for bruce, who died at the age of 89 years old. t oday i pay tribute to this man devoted to his family, faith and customers. Maple r idge is a better place because of him. rain Fore St Protection in inco MaPP leuX V alle Y M.

Sather: Most british c olumbians are aware that the west coast of our province is a rain forest. h owever, not that many know that we also have an extensive inland temperate rain forest in southeastern british c olumbia. i recently had the pleasure of visiting the incomappleux Valley, a place i will never forget. The upper incomappleux is an ancient and truly magnificent ecosystem. i stood beside its massive red cedars, 12 feet in diameter and 1,800 years old. i saw western hemlocks as large as those found on the coast. i saw huge white pines, larger than i've ever seen in my years as a biologist in b.c.

We walked by trees that had been recently rubbed by the grizzly bear, leaving his telltale silvertip hair behind. We searched massive tree cavities looking for early-den- ning black bears. We followed the trail of the mountain caribou, who feed on the abundant lichens of the forest in early winter.

Scientists believe that the upper incomappleux forest is thousands of years older than its oldest trees. it is still the great unknown. a lthough there has been minimal research in the incomappleux to date, already scientists have discovered nine species of plants not known to occur anywhere else in the world. incredibly, probably due to its obscurity, the upper incomappleux Valley is not protected by any park, pro - tected area or land use plan.

The incomappleux is the crown jewel of the inland temperate rain forest. it is not replicated elsewhere. t o lose it would be unforgivable. i invite all members to visit this ancient forest. l et's work together to ensure that our grandchildren and their grandchildren can do the same. ol YMPic torch rela Y in co Mo X Valle Y D.

McRae: Y ou can feel the excitement and buzz in the c omox Valley already. in fact, we've been anticipat - ing this moment for quite some time now, and i'm not talking about the first snowfall at Mount Washington. i'm talking about the upcoming 2010 o lympic t orch relay. [1350] The torch will be arriving in my constituency on Monday, n ovember 2. c ommunities, organizations and countless volunteers have been working tirelessly to ready events for this exciting day. on Monday morning the torch will arrive in Fanny bay — you might have heard of their famous oysters — and travel through the historic coal port of u nion bay and the former logging town of r oyston. it will then be welcomed in c umberland by local singers and dancers. t orchbearers will then carry on to c ourtenay for a community celebration in l ewis Park.

The torch will be welcomed by aboriginal tribal dancers, and several com- munity choirs and dance groups will perform, includ - ing t rue c olours and Dance Medley. The torch will then leave c ourtenay, stopping by the traditional big house of the c omox First n ation where it will be blessed. The torch will then travel to the town of c omox, then passing through c Fb c omox and the farming communities of Merville and black creek on its way to c ampbell r iver.

People in my community are excited and honoured to host these events. n ot only is it a great way to embrace the o lympic spirit and support our athletes; it's an oppor- tunity for individuals and families to get together and celebrate their community.

We are lucky to live in one of the most beautiful places in all of british c olumbia, and what a way to showcase both b.c. and the c omox Valley to the rest of the world. a t this time i would like to recognize the amazing work done by the chair of the torch committee, Marilyn t evington, and the other members of the torch com - mittee who have worked so hard to make this event a

british c olumbia Debates1682 Wednesday, o ctober 28, 2009 success: r andy Wiwchar, r on Weber, k en Grant, Don l arson, l eslie baird, Marty Douglas, John Watson, k irk McFarlane, a lan Douglas, l eo r ichards and the rcMP detachment of the c omox Valley. i ask the h ouse to join me in wishing the c omox Valley and all communities across c anada the best of luck with their upcoming torch relay events. Valhalla WilD erneSS Societ Y rain Fore St hikin G tour G.

Gentner: i want to follow up what my colleagues have said about the Valhalla Wilderness Society and our excursion to the incomappleux headwaters about 12 days ago. a s a city slicker i knew, when the member for Maple r idge–Pitt Meadows and one of our guides compared their grizzly mauling scars — and the fact that i was one trek member who didn't carry any bear mace — that this venture could become exhilarating.

During our hike between the headwaters and the isolated ancient rain forest, one of our team members took a tumble off a fallen tree. a t about 3:30 she had dislocated her elbow and had a spiral fracture in her right tibia. it was raining, and in an hour the dank, wet forest was going to get darker.

While the injured party received first aid treatment by my esteemed colleague, two members hiked down to our base camp for a stretcher, thermal bag and blankets. by 5:30 we began our slippery descent. it took the full team to assist. a long hazardous terrain, two members were harnessed at both ends of the stretcher while two more were on the other side steadying and propping up the poles, and two others were there for navigating purposes.

While the slender, lankier Mla took his place in the front harnessed, the pudgier fellow took up the rear, weighted down with the others' backpacks and flash - light in hand, sometimes crawling on hand and knee, instructing team members on their footing on rocks, stumps, snags and up and over massive logs.

We inched our way step by step over a long precipice to the river canyon below us. it took us more than three hours to reach our all-terrain vehicles, which then carried us over boulders and debris from avalanches, through washouts and partial bridges. by ten o'clock our injured party was admitted to nakusp hospital. i would like to thank our guides, forester craig, bear biologist Wayne, lichenologist t oby, guide and mountain hostel owner Pat and, at the base camp, r uel for their skill and poise during a mishap that could have been disastrous.

They were experienced, ready and equipped. t oday a nn is recovering from her injuries, but her and the members of the Valhalla Wilderness Society's resolve is stronger than ever to protect this ancient rain forest. Oral Questions ho Stin G o F ol YMPic Ga Me S DiGnitarieS at terMinal cit Y club K. Corrigan: n ew documents reveal the government has spent half a million dollars to entertain select guests at Vancouver's t erminal city c lub during the 2010 games. My question is to the Premier.

During a time when the government is cutting funds for kids' sports, hospitals and schools, why is it spending hundreds of thousands of dollars at one of the most expensive venues in Vancouver without public knowledge? Hon. I. Black: if you look at the o lympic logo, it says: "british c olumbia, host province." That logo says it all. [1355] o ur job is to host this $4 billion revenue-generating spectacular event, and that means we will host inter - national dignitaries. it means we will host community and national leaders. it means we will host international investors and leading academics from around the world.

This is our opportunity. We have a job to do. it's to show the world the very best of british c olumbia, and we're going to do just that. Mr. Speaker: The member has a supplemental. K. Corrigan: Well, it's an opportunity for a lot of pri- vate parties, it sounds like to me. l ast week we learned that close to a million dollars had been spent on taxpayer-funded luxury box suites for b.c. l iberal Mla s and their friends. it took an Foi request… interjections. Mr. Speaker: Members. K. Corrigan: …after question period before the gov - ernment agreed to come clean.

This week it's half a million dollars to "entertain business representatives and foreign dignitaries at an elite private club in Vancouver." a gain, how did the b.c. l iberals justify spending millions of tax dollars to entertain a select few without any public oversight or accountability? Hon. I. Black: This is about economic development. it is about economic development, which means one has to be able to do economic development. it means you want to do…. interjections. Mr. Speaker: Members.

british c olumbia DebatesWednesday, o ctober 28, 2009 1683 Just take your seat for a second, Minister. interjections. Mr. Speaker: Members. Members. c ontinue, Minister. Hon. I. Black: n ow, i know the opposition has been against the games and continues to be against the games all the way through. That

part is not new. it's not new to this side of the h ouse. it's not new to the people of british c olumbia, who i suspect are enormously dis - appointed in that stance, but nonetheless. This is about economic development, which means it's about doing business. When you do business, you generate taxes which, if i may point out the obvious, generate the ability to deliver health care and education to the record levels that we are in this province. So yes, we need facilities to host people in business.

We have the opportunity to have one of the most cen - trally located business-hosting venues in Vancouver, the t erminal city c lub. but do you know what, Mr. Speaker? it doesn't stop there, and i'll tell you more in a minute. interjections. Mr. Speaker: Members. R. Fleming: My question is for the new minister for the o lympics. l ast week his colleague the former Minister of State for the o lympics admitted in this h ouse that she had no plan whatsoever for almost a million dollars in luxury suites and luxury box tickets that were going to be handed out to government Mla s and their friends — no plan.

She admitted she had no plan until it was raised in this h ouse, and the damage control was undertaken over the coming days after that. Will the minister, or whoever, stand in this place today and tell us why, if this is such a good way to conduct business, the government is conducting business and giving out a large untendered contract worth $500,000 that puts more food and drink in the friends of the gov - ernment — in their mouths? [1400] Hon. I.

Black: c learly, the member is not familiar with team sports, because it takes a big team on this side of the h ouse and across this province to put on one of the best events that this province has ever seen. i don't know if the member has had the opportunity to look out onto the front lawn and see the excitement that's building for the torch event that's coming this Friday, but the excitement's building, and everybody seems to understand that. but you know what? That same excitement is felt in the venues where we've got the opportunity to play host.

They're not just limited to the t erminal city c lub, a venue that is needed for its size. o h yes, it's also at b.c.-c anada Pavilion, one of the most exciting and energizing areas. We will invite that member and all british c olumbians to b.c.-c anada Pavilion, which has been the showplace of excitement and opportunity at the last two Winter o lympic Games and which will be at this one as well. Mr. Speaker: The member has a supplemental. R.

Fleming: Y ou know, taxpayers might have a little more respect for this government if they got an explanation, if they got information about how government is spending the money. r ight now they're getting an explanation from this government about why kids' sports are being cancelled in british c olumbia — because there's no money — and why health care services are being cancelled — because there's no money in b ritish c olumbia.

The minister should tell the h ouse today, if he has a plan for how this t erminal city c lub hosting business is going to provide value to british c olumbians, why other british c olumbians should go without public services while this kind of activity is going on, and then table that plan in the l egislature. The question for the minister is: will he do that today? Will he show who's coming to dinner and why and what purpose it's serving for the people of british c olumbia? interjections. Mr. Speaker: Members. interjections. Mr. Speaker: We're not going to continue, Members. Hon. I.

Black: Well, there are 250,000 people coming, and they're coming for more than dinner. Y ou know, the member speaks of the expectations of british c olumbians. Well, i can tell you that british c olumbians expect us to leverage the greatest oppor - tunity that we've seen in economic development in a generation, and we plan to do that. but you know what? it's not just british c olumbia. e very province in this country is setting up pavilions in british c olumbia because they recognize the opportunity.

The part of it that may be instructive to the members opposite is that that also includes the nDP province of Manitoba. They understand. interjections. Mr. Speaker: c ontinue, Minister.

british c olumbia Debates1684 Wednesday, o ctober 28, 2009 Hon. I. Black: There's not a jurisdiction in the world that wouldn't give its eye teeth to host the o lympic Games. We're proud it's us, and we plan to take full advantage of it. interjections. Mr. Speaker: Just wait, Member. Members. B. Ralston: Will the minister explain why this half- million-dollar contract was not tendered? [1405] Hon. I. Black: The nDP's approach to this situation is absolutely shocking.

Y ou are going to be seeing, in 107 short days, the best and brightest athletes in the world, but also the best and brightest investors, researchers, scientists and potential customers of british c olumbia products and services coming right here to british c olumbia. Y es, indeed. o ur job is to open the door, not to close it. We saw for ten long years what happens when you close the door to business, when you close the door to opportunity and when you close the door to jobs. My goodness, there is nothing like the o lympic Games to open a door, and we're opening it widely. interjections. Mr. Speaker: Members.

The member has a supplemental. B. Ralston: Will the minister explain why this half- million-dollar contract was not tendered? Hon. I. Black: There are some great venues in downtown Vancouver where we plan to do some hosting. We've talked about the t erminal city c lub — a venue which, incidentally, is one of the few venues of its size that can accommodate the vast majority of the larger events that we plan to host. but beyond having the b.c.-c anada Pavilion, we're also welcoming the world to r obson Square to see the b.c. Showcase.

We're welcoming them to the a sia-Pacific c entre, a venue that's very close to r obson Square. For years the a sia-Pacific c entre has been doing precisely what the o lympic Games represent, which is saying to the world, "c ome to us, invest here, create opportunities here and create jobs here," and that's what we're going to do. M. Farnworth: The question was pretty straight - forward. We don't need the boosterism speech. We just want to know what 4½ million british c olumbians want to know, which is…. Good business practice thinks you'd put something like this out to tender.

So can the minister tell us why the contract was not put out to tender? it's straightforward. Hon. I. Black: i accept the fact that the members opposite don't understand the benefits associated with the games.

Most british c olumbians seem to get it, but so does the vibrant small business community in british c olumbia. l et me express…. because the member comes from a community that's got some fantastic small businesses, in the middle of Small business Month let me shamelessly take advantage of that to tell you the small businesses that are benefiting from the o lympic Games. h ow c anadian is this? blade Pro Products inc. of Vancouver has got the contract for a licence agreement to produce branded hockey blade tape, and they're going to use this to accelerate their goal of becoming the number one way to tape a hockey stick.

The o lympic Games are affecting the small business community as well. DiStribution o F Ga Me Sto Wn 2010 ol YMPic GaMeS ticket S V . Huntington: My opportunity now being here. l ast week the Minister of State for the o lympics told this h ouse that the o lympic secretariat had purchased 3,000 tickets to the 2010 games. of the 3,000 tickets, she stated that the communities will be receiving some of these tickets through Gamest own 2010. My particular interest was piqued when she added: "We have members from Delta South.

We have tickets to Delta n orth." h owever, on the Gamest own 2010 website, there is no mention of Delta winning any tickets, no mention of any community that won tickets. What it does say is that 600 communities participated in an early-bird draw for 24 pairs of tickets — 24 pairs. [1410] We also know that the average value of the secretar - iat tickets is $300. h owever, the minister informed the h ouse that the Gamest own 2010 tickets were valued from $20 to $200.

My question is to, i guess, the Minister of e conomic Development. c an he please advise all the members of the h ouse which of the ridings among the so small list of 24 communities have been recipients of the Gamestown tickets? c an he tell the h ouse how many tickets in total are being distributed to the communities, and can he explain why the secretariat is not sharing the more valuable tickets with the communities of b.c.? Hon. I. Black: The distribution of whatever o lympic tickets are touched by government will be fully accounted for.

british c olumbia DebatesWednesday, o ctober 28, 2009 1685 Mr. Speaker: The member has a supplemental. V . Huntington: The minister and my colleagues might be interested in knowing that there are only 80 tickets available through Gamest own 2010. That's 40 pairs of tickets to the 600 communities that have applied for them. Meanwhile, there are volunteers in my riding and in every riding in this h ouse who have for several years given their time and energy to the Spirit of b.c. program, promoting and championing the o lympics within their communities.

Moreover, there are former o lympians in Delta South that have not, unbelievably, been offered tickets to the very event they embody, the very event that wouldn't exist without them. Will the minister commit today to offering some of the 3,000 secretariat tickets both to b.c.'s former o lympians and to the dedicated Spirit of 2010 volunteers? Hon. I. Black: There's no doubt that the o lympic Games are for all british c olumbians. The government's job, as we get ready for this exciting event, involves a lot of different activities.

Part of it involves running the contest that the member opposite has discussed and making people from across the province feel as though they are very much a part of this great event and that they will benefit as a result. We have, through the efforts of our government, got a great hosting program planned to reach out to those people around the world who can make a unique differ- ence in british c olumbia through additional economic development. We accept that responsibility of hosting them appropriately. a gain, any tickets involved with this effort will be fully accounted for.

W aitin G tiMeS For Sur GerieS in b.c. A. Dix: The health authorities, under the direction of the Minister of h ealth, have announced the cancellation of more than 10,000 surgeries between now and March 31, 2010, the end of the fiscal year. This will increase wait times for b.c. residents across surgical categories. n ow we learn that the b.c. l iberal government is in discussions with the province of Saskatchewan to use the capacity created by the cuts to welcome their patients for surgery at a price.

Why is it acceptable for the Minister of h ealth to cancel surgeries in Surrey and k elowna to make room for people from r egina and Saskatoon? Hon. K.

Falcon: i'm very glad he asked the question, because as a result of the investments we've made in british c olumbia in innovation in facilities throughout the province — by the way, innovations and dollars the nDP opposed — we have seen the average medium wait time for hip and knee surgeries decline by 50 percent in the province of british c olumbia. n ot only that, we have seen the volumes of hip and knee surgeries over doubled, to over 12,000 operations that are performed annually in british c olumbia.

That is a record level that we never even got close to under an nDP government. h ere is the thing. because of this and because of the investments we've made, we actually are in the situation where other provinces, including Saskatchewan, are saying to us: "With the innovations you've made, the investments you've made…. We've got wait-lists. c ould you help us?" i'll tell you, Mr. Speaker.

We ought to be proud that other provinces are looking to b.c.'s leadership and looking at ways that they can also help their wait-lists and deal with the excellent services, excellent facilities and excellent doctors we have in the province of british c olumbia. [1415] Mr. Speaker: The member has a supplemental. A.

Dix: i know the Minister of h ealth is operating with- out a binder today, but the fact of the matter is that if he's on the distribution lists for the cuts in surgeries announced in Fraser h ealth, the cuts in surgeries announced in V ancouver c oastal h ealth and V ancouver island h ealth, he gets all those notes. in fact, he approved them — 10,000 surgeries cut.

Those are only the announcements so far — tens of thousands of people on a waiting list in british c olumbia. is it really the Minister of h ealth's policy to sell off the spots that he's cancelled for people living in british c olumbia — in Maple r idge, in Mission, in Surrey, in k elowna — and offer them to other provinces? is that the new position of the Ministry of h ealth and the Minister of h ealth? Why doesn't he use the surgery time in british c olumbia to close the wait times… interjection. Mr. Speaker: Member, just…. A. Dix: …in b ritish columbia? Why doesn't he do that? Mr. Speaker: Member. A.

Dix: a nd why doesn't he explain to british c olumbians waiting for surgery across the province why he's selling off their care to the highest bidder? Mr. Speaker: Minister, before you start speaking, i think there's an apology in order. Hon. K. Falcon: i apologize for whatever it is the Speaker is asking me to apologize for — absolutely.

british c olumbia Debates1686 Wednesday, o ctober 28, 2009 Mr. Speaker: Minister. Minister, sit down for a second, please. The comment that was made is to be withdrawn. n ow, would the minister please withdraw the comment that he made to the opposition critic. Hon. K. Falcon: c ertainly, Mr. Speaker. i withdraw. Mr. Speaker: Proceed, Minister. Hon. K. Falcon: So let's understand. i think it might be helpful to read something out of a newspaper

article that perhaps will inform the member opposite. "'The wait-lists are horrendous,' said Victoria clinic director Dr. brian Weinerman. We're sending people to bellingham just to reduce the pressure" — this was in reference to an

article in the Vancouver Sun about hundreds of b.c. cancer patients having to travel to bellingham to avoid waits of up to six months for radiation treatment — "cancer experts said Wednesday." n ow, the interesting thing about that is that that actually took place on a ugust 22, 1996, while that critic was the chief of staff to the government that was sending patients, cancer patients, out of the province to receive care. The difference with us is that we have reduced wait times by 50 percent in british c olumbia. We've got provinces looking to us to say: "c an you help us with our wait-lists?" That's the difference. h ere's the best part. The best

part is that not only, in the discussions we have as we engage in this discussion, do we have the opportunity to have our costs covered for doing the procedures, but we can charge a premium that makes sure that british c olumbians have the ability to get additional services quicker and faster right here in british c olumbia. J. Horgan: Well, only in l iberal bizarro world would cancelled surgeries be good news for british c olumbians. George orwell would be proud of the minister for that remark just a minute ago.

What is the message he's got for the thousand people on Vancouver island who have had their surgeries can - celled because this government won't adequately fund health care? What's the message to them? Move to r egina? Move to Moose Jaw? is that the message from the minister? Hon. K. Falcon: n o, the message from the minister will actually be the facts. i know the members are always uncomfortable with facts, particularly numbers.

So i'll give the member some numbers that he might find interesting. in 2001, which is the year we came into power and the year following up the nDP government, there were 2,908 knee replacements in the province. This year — 6,975. h ips and knee surgeries are at record levels in the province of british c olumbia. They are not being cut. They are at record levels, and that has been a record that this government has invested in as a result of innova - tions like the ubc c entre for Surgical innovation, which is being recognized across the country for the work they do. a nd they opposed it.

That's what they always do. They oppose good innovation. [1420] earl Y inter Vention Pro GraM For chilD ren With autiSM M. Karagianis: t oday hundreds of families in 20 com- munities across british c olumbia have gathered together to protest the cuts to autism funding for their children. These parents are protesting the cuts that have reduced therapies to the very lowest level, a level that will not allow their children to experience successful outcomes. t o the Minister of c hildren and Families: i would like the minister to explain to these families how any of her decisions are fair or equitable. Hon. M.

Polak: i'm happy to say that the member is absolutely wrong. There has been no reduction to the autism program. in fact, it's increased this year by $1.6 million. That brings it to a level that is ten times what it was in 2001. Mr. Speaker: The member has a supplemental. M. Karagianis: That information from the minister is actually just not factual. The early intervention program in this province has been cancelled for the 70 children at a time who experienced that intensive intervention behaviour. it's gone, cancelled. b.c. has one of the lowest spending levels anywhere in the country.

So 70 children at a time…. n ow, 600 children successfully have gone through this program. h undreds are on waiting lists now to get this program so that their children can very successfully enter school and go on to achieve excellent outcomes. t o the families who have come here to this h ouse, i would like the minister to please explain why increasing hardship to families with autistic or special needs chil - dren is the priority of this b.c. l iberal government. Hon. M.

Polak: in british c olumbia, unlike other jurisdictions in c anada, we have a commitment to ensure that every single child and youth with a diagnosis of autism is provided with financial support to help their intervention, and for that, there's no wait-list. The member well knows that the entire budget that was devoted to the eibi program is being returned into the autism budget, and that will help to serve hundreds of families all across british c olumbia. r ight now the eibi program services 70 children in approximately seven communities in british c olumbia.

british c olumbia DebatesWednesday, o ctober 28, 2009 1687 We are working with those service providers, and we are ensuring that, contrary to what the member is saying, those families will continue to be provided with the proper intervention for their child. They will receive the funding support that the rest of the autism families in this province will receive. W e are committed to ensuring that they all receive service. M.

Elmore: t oday hundreds of families are speaking out against the cancellation of the early intervention pro- gram and the decision to leave autistic children without the level of support that can make a difference in their lives. These cuts are senseless and shortsighted. We know that we will pay more in the long run for supports for these and other special needs children because we didn't give them the strong start in life that they deserve.

Their voices are being ignored by this government. a t a time when this government is squandering tax dollars on luxury boxes for a hand-picked few, these families are asking why their children are at the bottom of the priority list. t o the minister: why are autistic and special needs children paying the price, and why is the government cutting this effective program? Hon. M.

Polak: First of all, to suggest that children with autism in this province will not receive intervention, and to frighten parents in that way, is absolutely irresponsible. [1425] We are working with community development cen - tres around this province — those that have had the eibi program and those that have not — to ensure that not only are we creating a transition plan for those 70 chil - dren but also that we are able to best serve the 6,000 chil- dren with autism that we serve all across this province. [end of question period.] K. Corrigan: i seek permission to make an introduc - tion. Mr. Speaker: Proceed.

Introductions by Members K. Corrigan: i'm very happy to see that we have in the gallery today k en r obinson, who is the president of heu , a former colleague and a friend of mine. Y ou'll make him welcome, please. Orders of the Day Hon. M. de Jong: Mr. Speaker, in c ommittee a i call c ommittee of Supply — for the information of members, the ongoing estimates of the Ministry of h ousing and Social Development. in this chamber, continued second reading debate on bill 17. Second Reading of Bills bill 17 — health Statute S (reS iDent S' bill o F ri Ght

S) aMenDMent act , 2009 (continued) M. Karagianis: i'm happy to continue my comments on bill 17.

Just to recap my earlier comments on this debate, i certainly see bill 17 as being a rather weak replacement for the seniors advocate that the l eader of the o pposition and the b.c. nDP have been calling for. [l. r eid in the chair.] c ertainly, the fact that government feels that it needs to establish a bill of rights for seniors says to me that the need for seniors to have some kind of advocate is greater than ever. u nfortunately, i think this is a weak replica - tion of what is really needed. c ertainly, in looking through the terms that are laid out here on what the rights of the seniors will be…. i alluded towards the end of my comments yesterday that for eight years we have seen a reduction in the quality of services provided to seniors here in the province of british c olumbia.

We have seen a reduction in home supports and other things that would have allowed sen - iors to live a longer, healthier life in their own homes before requiring residential care. it certainly begs a lot of questions about all of the various items included in this bill of rights for seniors. i talked yesterday about the change in the kind of residential care that's being offered to seniors. c ertainly, many of the options available to seniors in the past have slowly been eroded away to kind of a one-size-fits-all assisted-living kind of care provision, with residential care sort of morphing out of that kind of assisted living and costs going up for seniors all the time. one of the other aspects, i think, of this bill 17 and the need for this bill of rights for seniors that flies in the face of reason somewhat….

Some of the language that's contained in here is, in many ways, kind of mother - hood statements around the kinds of things that seniors should expect — you know, their rights to health, safety and dignity. one would always assume that that's exactly what all families hope for their senior members who are put into residential care and that all seniors, frankly, should be expecting that would be the minimum they could expect in the way of treatment. [1430] but i go on, and when i go through the various items here in the bill of rights for seniors, i see that not only are seniors to be treated in a manner that promotes their

british c olumbia Debates1688 Wednesday, o ctober 28, 2009 health, safety and dignity, but seniors are being guaran - teed now to have their lifestyle and choices respected and supported. i have to say, again, that flies in the face of reality here for many seniors.

We've seen over the last eight years this propensity from the government to begin to erode away the public facilities here in british c olumbia in favour of privatized facilities, or this need to move seniors around to fulfil contracts with privatized companies. i know that within my own community, many seniors have been stripped away of some of their choices. The Priory in l angford, which has long been a very superior and excellent environment for seniors, has recently had a number of their seniors units taken away from them. The number of units has been reduced at the Priory.

Those units, when i contacted the health authority, it turns out, have been moved over to a new facility that just opened over on Gorge r oad in the new Selkirk facility for seniors. if we're truly going to allow seniors their choice of lifestyle, then it means that if they want to stay in their communities, that should be one of the first priorities for those seniors.

Y et the seniors that were in the Priory, taking those spaces in the Priory, have now been denied the choice for them to stay in their community, where their families can live nearby and the families can see those seniors on a regu- lar basis. n ow, instead, those seniors have to live downtown, if in fact they want to take advantage of those spaces. it would seem to me that this movement out of public facilities into private facilities, or out of residential care in your community to residential care units miles away from your family, does not in any way support this bill of rights, where the government is now claiming that the seniors will have a choice in where and how they are supported and what kind of residential units they will be able to access.

This goes on to talk about their right to have their personal privacy respected, to have visitors and to com - municate with visitors in private, to keep and display personal possessions in their rooms. Why in the world would we not assume that a caring and compassionate residential care situation would automatically provide that for seniors? The fact that we have to embed this into a bill of rights speaks to me very strongly of the fact that we have lost touch very much with the control over some of these new privatized seniors care facilities. That, unfortunately, is a tragedy for many seniors.

The reality here is that we have got a huge loss of resi- dential care spaces, particularly in this area here in the south island. That is a huge jeopardy for many seniors, and they feel threatened by this. We're seeing many closures of programs, support pro- grams and residential care facilities here. Many of these will be in favour of privatized units. i see that as one of the driving forces here in having to establish a bill of rights. We no longer have that con - trol over how privatized residential care providers treat individuals.

We've seen some horrendous examples coming out of c owichan Valley, where the c owichan l odge was closed. Seniors were then forced into a privatized facility. They've now had their cost of living jacked up over and over again. They're now being charged for all kinds of things they never were before. is that one of the reasons we need to provide a bill of rights — to go in and find a way to protect those indi - viduals?

We can't. e verybody in this h ouse knows that we've had long and deliberate debates about privatization and about our ability to provide oversight and direction to these residential care providers. it seems to me that when i look at all of the things that are included in this bill of rights, this is what it's about. it's about trying to assure seniors that if they go into a privatized facility, they're not going to end up having many of their personal and private privileges taken away from them, or they're not going to find themselves charged for every little thing that they do and use. [1435] i've heard some stories out of c owichan l odge. c er- tainly, the seniors in my community are very concerned. a s we've seen the erosion of some of the options for them, i think that they see this as kind of thin gruel, to think that a bill of rights is in any way going to provide the security and sense of safety and dignity that they are hoping for.

The reality here is the lack of government action on long-term care beds. i know we canvass this frequently, but the bcMa, which is hardly considered a faction of n ew Democrat research, have themselves come up with the real factual evidence of what's happened here around seniors care in british c olumbia. We know that the b.c. l iberals continue to insist that they have built all kinds of long-term care beds, but according to the bcMa, there has been a net decline of 552 beds, up to and including 2007, here in british c olumbia. That's just a fact. bcMa is supplying this.

The number of people receiving home support dropped by 24 percent, and the government has broken their promises to work with non-profit societies to build and operate new beds. in fact, it's all gone to privatiza - tion. beds have been closed in government and non- profit-operated nursing homes to be replaced by beds opened in private facilities. That's evidence from the b.c.

Medical a ssociation. r ightly, i can see that the government has been forced to the wall here to try and create a bill of rights to rectify some of the problems that they've created with their own impetuous desire to do away with public and non-profit seniors care and replace it with privatization. i'm not going to get into the debate at this point on how assisted living is, in fact, not a substitution for residential

british c olumbia DebatesWednesday, o ctober 28, 2009 1689 care, because i think that will be canvassed at length by other members of this h ouse. i am very concerned about the fact that so many of the options that we actually do need here in the province are not being supplanted in any way by this bill of rights. it's the fact that we actually have to embed in lan - guage the rights of the senior to participate in freedom of expression.

"a n adult person in care has the right to participate in his or her own care and to freely express his or her own views, including a right to the following," and there's a list here. i want to just go back to this. a senior has a right to participate in his or her own care. h ow can they participate in their own care if the choice is only one option? in the case of c owichan l odge, those seniors had no option. it was either have no care or have privatized care. in the case of those citizens and seniors in my commun- ity who have seen units within the Priory closed, they have been forced to either take units at the Selkirk home or take — what? — nothing.

What are the options? if you give seniors only one choice — you can't stay in the publicly run facility or non-profit-run facility because we're shutting that down; you're going to have to move to the privatized facility whether you like it or not — and then we have government trying to embed language in here that says, "a n adult person has the right to participate in his or her own care," how is that possible? Y ou could participate in your own care, but you only have one choice.

Go out of the publicly run facility and into the privatized one, where, frankly, government says: "o h, we don't have a lot of control over that, because that's privatized." c ertainly, the public has no way of finding information out, because that's all protected by freedom of information from any kind of disclosure. it seems to me that this bill of rights is a lot of language with no substance. it reminds me of many of the slogans we've seen from this b.c. l iberal government over eight years, where they march out a fancy-looking slogan or a fancy-looking program, don't fund it, don't give it any substance and make sure all the activities around and supporting that system are contrary to the slogan.

That somehow is con- sidered to be satisfactory. [1440] When you look at the choices that are being given to seniors in this bill of rights….

We talk about their ability and their freedom to choose the kind of care they want, "to participate in the development and implementation of his or her care plan." Well, for those individuals who are now stuck in privatized residential care and being billed for k leenex and aspirin, anything that they take, in a way that they never were before, how are they able to develop and implement their own care plan? h ow can you fulfil this when government has not made any effort to protect the public seniors residential care system, has foisted all of it off into privatized hands, where seniors are now paying more than ever before? i mentioned this yesterday.

The government at one time were protecting seniors by saying that only 70 percent of their income could go towards their care. n ow they've jacked that up to 80 percent of their income that can go towards their care. More money into the privatized caregivers' hands and less for the senior. When we talk about a senior's right to participate and develop their own plan, the choices are few. "t o establish and participate in a resident or family council to represent the interests of the person in care." Well, that's now saying that others can step in.

Granted, that sounds very good on the surface, but again, how is a family to intervene — right? The next point on the step is that his or her family or representative can participate in a resident or family council on their behalf. if so much of this is eroded service, and families object to this, where are they to go, and who are they to speak to? Frankly, you know, this continued erosion of services to seniors….

Families have been fighting back and complaining for a long time about the reduction in home care, about the reduction in the number of services that their seniors are receiving, and now we have a bill of rights that's embed- ding language in here that, frankly, i don't think the gov- ernment can actually make good on. i don't think that the government can enforce this because they're not enforcing it now, and the options are not there for many seniors. it goes on to talk about the senior having the right to be informed of "how to make a complaint to an author - ity outside the facility." Well, we have seen here in the province of british c olumbia — in fact, only steps away from this l egislature — abuse foisted on seniors who were unable to speak out for themselves.

That was at the hands of approved residential care providers who are still providing care here in the province of british c olumbia. So how in the world is this bill of rights going to protect them if seniors are being mistreated, abused or neglected, especially by privatized residential care providers? What good does this bill of rights do for them? it certainly didn't help many of the seniors here at beacon lodge. a re we going to see more stories like this, or is this a way to keep the cap on them?

"o h, they have a bill of rights now, so they have the right to complain." Well, i have a father who's in the very advanced stages of dementia, and he could no more speak out for himself if he was being neglected than could my cat. So what happens, then, with these seniors? it seems to me that as you go through each piece of this bill of rights….

"The r ights to t ransparency and a ccountability." Well, when did that ever stop this government from privatizing away, protecting the privatized partner from any kind of disclosure? if this is going to be a real, supported and accountable bill of rights for seniors, then the government is going

british c olumbia Debates1690 Wednesday, o ctober 28, 2009 to have to really change their attitude in a big way about how they've been treating seniors for the last eight years and how they intend to treat them in the future, because most of this is fancy language that in no way bears a resemblance to what's really going on in the world for many seniors who are losing their rights. it's costing them more for services.

They are feeling less secure about their choices in the future as they see government close down many of the facilities that we've just seen. u nder Viha we're seeing huge closures right across the south island here. That gives seniors a great deal of concern in my community. This bill of rights in no way whatsoever will give them comfort because the govern - ment simply can't back it up. it's fancy language with no substance behind it. [1445] Y ou know, this goes on to say that the scope of rights here, set out in this bill, the rights set out in these clauses: "are subject to (

a) what is reasonably practical given the physical, mental and emotional circumstances of the person in care" — absolutely; that is critical — "(

b) the need to protect and promote the health or safety of the person in care or another person in care, and (

c) the rights of other persons in care." a bsolutely. For seniors who are selecting their own care and man- aging their own lives…. l et's be honest. Many of us are headed in that direction sooner than later, and i would hope that a bill of rights will really protect me as a senior, the seniors in my community, and give some security to the families who are looking after their seniors' care. L.

Krog: one gets the impression that what we really have here is the political equivalent of a band-aid over a very seriously infected cut. it's all about covering it up. it's not really about assisting and dealing with the serious problem that exists underneath. it won't make anything better, but it will provide cover. it will provide cover, and that's about all it's going to provide. My grandmother spent the last years of her life in a facility in Parksville. t rillium l odge, a not-for-profit facility built by the community, supported by numerous volunteers, provided excellent care.

She was often fond of quoting old Pope John, who very kindly used to say: "God bless the very young, and God bless the very old." The reason the Pope said that, i think, is self-evident. because at those stages of life, that is when you don't necessarily have any ability to protect yourself, to look after yourself, to control events around you, to even request or express in an intelligible way what your needs are, what your concerns are, what your cares are, whether you're sick, whether you're healthy, where it hurts even.

My father-in-law ended up in a facility in n anaimo — Malaspina. it was the old hospital. h e died with a lzheimer's, unable to express himself. a ble nurses would be able to perhaps determine whether he was in pain or where it hurt. So i have incredible respect for the people who work in long-term and health care facilities generally, and i understand the pressures that they face every day. This bill is a recognition, however, that seniors don't always get the care that they deserve or the care that they need. This bill is a recognition that there is a political problem for the government as well.

My leader, during the last election campaign, advocated strongly for the appointment of a seniors representative, someone who would be an advocate on behalf of sen - iors in the province of british columbia, someone who would ensure that seniors received good care, someone who could deal with investigations into the care that was provided. The member from e squimalt has just finished listing a number of facilities within, literally, walking distance of this very l egislature where seniors didn't get the care they deserved, where seniors didn't get the care that this bill describes now as a right.

Y ou know, on one hand i've never been fond of the use of the term "rights." We throw it around in common parlance nowadays as if there were rights to all kinds of things which, from a legalistic perspective, we don't really recognize. but there are expectations. There are expectations in a society as wealthy as ours that when you're a senior, you're going to be cared for. Y ou'll be sheltered. Y ou'll be provided with health care appropriate to your needs. Y ou will be somehow safe. The blessings that the old Pope called for would be, in fact, delivered to you.

Y ou wouldn't have to worry about who cared for you. Y ou would have supportive people around you. The reality is that in british c olumbia today we have worked very hard, particularly on Vancouver island, particularly in the interior within k elowna, Penticton areas, at encouraging retirees to move to british c olumbia. We have strongly encouraged it. The business community has asked for it. Government policy has helped support it, arguably.

We want people to retire here. [1450] but the reality for many of those seniors, let alone those who are native-born british c olumbians who spend their whole lives here, is that when they have come and when they get older, when they become infirm and unable to care for themselves, there is no family available to care for them. Their children are back in r egina or Moose Jaw or Mississauga or St. John's. They're not there to go in and check and see if mom and dad are okay, if they're getting the care they need.

The only support system you will have at the end stage of your life in a facility will be the support system provided by the paid staff, by the people who work in that facility. Y ou won't have the benefit of family to comfort you. So what you will be is — quite simply, in many respects, as you often are living to a ripe old age — isolated, alone,

british c olumbia DebatesWednesday, o ctober 28, 2009 1691 unable to fend for yourself, not capable of expressing in many cases what your needs are. it's entirely appropriate for patients, for people at that stage of life, people in care, to have rights. i would call them more expectations than rights. We will call it a bill of rights, but it's not quite the same. l et's not pretend we're going to give it the same strength and authority that we do for the c harter of r ights and Freedoms.

We recognize in our legal system that the right to a trial will guarantee you…. a free trial in a serious criminal case will entitle you to legal counsel. There's no ques - tion about that. The state is going to ensure that you get your defence. The state, through our justice system, will ensure that you have the right to free speech. but the rights that are enumerated in this statute — in this bill, rather — are ultimately subject to money.

That's what it really gets back to. it's fine to talk about the rights to health and safety and dignity, but if there isn't suffi - cient funding, the rights almost become meaningless. i'm not suggesting this is part of some government plot or anything like that, but the fact is that without appro - priate funding, the rights that are enumerated in

section 1, which would add the

schedule which will be entitled

schedule 7…. Those rights are dependent on cash. Those rights are dependent on the ability of government to fund. Those rights are absolutely dependent on the govern - ment's willingness to make seniors care a priority. The law is a funny thing. a natole France once said: "The law in its majestic equality forbids the rich as well as the poor to beg in the streets, to steal bread and to sleep under bridges." it's a lovely phrase. We're going to, presumably, pass this bill. i don't think there's any question the opposition is going to oppose this bill.

This does move us forward, however slowly and however tentatively. We're going to support this. but it becomes quite meaningless if it isn't accompanied by the real political willingness to pay for it. These rights really are something that has to be supported by money, by budgetary priorities, by a government that is serious about this. i come back to my point. Some of us in the opposition just have the feeling that this is a political band-aid. This is exactly what i said it was.

This is a reaction to an enormous political problem this government faces, and that is the strongly held belief by many british c olumbians, seniors in particular but their children as well, who believe that, in fact, seniors are not getting the level of care that we as a civilized society believe they're entitled to. That's what it really comes back to — a growing sense in british c olumbia that we aren't treating our seniors, the most vulnerable of our seniors, in a way that befits a civilized society. That's the problem. i sadly suspect that that's really what this bill is all about.

There's nothing in here that says the government's committed to spending money. [1455] it even has a

section referring to the scope of the rights. it says that the "rights set out in clauses 2, 3 and 4 are subject to (

a) what is reasonably practical given the physical, mental and emotional circumstances of the person in care, (

b) the need to protect and promote the health or safety of the person in care or another person in care, and (

c) the rights of other persons in care." What it doesn't include is a

section (

d) that tells us the truth. These rights are subject to the t reasury board approving the appropriate funding to ensure that there is staffing that can actually deliver on these rights. it's all well and good to talk about the right "(

a) to be treated in a manner, and to live in an environment, that promotes his or her health, safety and dignity; (

b) to be protected from abuse and neglect; (

c) to have his or her lifestyle and choices respected and supported, and to pursue social, cultural, religious, spiritual and other interests." h ow can you protect someone's lifestyle if they're suffering from dementia and in a wheelchair that they can't operate themselves — if they're absolutely depend - ent on someone to push them everywhere to participate in any of these events? h ow is that right to health and safety and dignity supported? it puts me in mind of something that President Johnson once said, i think around the passage of the civil r ights a ct. h e said basically it wasn't enough that you could take a people who had been held in chains their whole life and set them beside another runner in the great race and say, "We're equal" and "go for it," and pretend that that was equality. it didn't work.

So when we talk about these rights, there are no rights unless there is support. Without that support, the rights become meaningless. They become a sort of salesman's puffery, if you will — the kind of language that's used all the time by people who want to sell you a bill of goods and disappear. That is what many of us think we're being sold. it's a bill of goods. We don't have a c harter right to health care, but as c anadians it is probably our one strong universal public value — that we will have the right to health care.

We have an expectation that it'll be delivered in a timely way and that seniors in particular — again, amongst the most vulnerable amongst us, those in care and facilities — will get the treatment that they deserve and the treat - ment that many of us are going to come to expect. a s are the vast majority of members in this chamber, i am part of that great postwar baby generation. The sta - tistics say that by 2020 in british c olumbia the propor- tion of seniors will grow from 14.2 percent in 2007 to 19.2 percent in 2020. by 2030 nearly one in four british c olumbians is going to be over the age of 65.

That's from the report of the Premier's c ouncil on a ging and Seniors issues, n ovember 2006. it's a staggering figure. Where does this bill of rights figure in a future where one in four of us are over 65?

british c olumbia Debates1692 Wednesday, o ctober 28, 2009 Where does this bill of rights figure in a world where, based on present expectations, fully a quarter of us will be retired or expect to be retired? r ealistically, i'm not sure any of us will be retired.

We'll probably all still be beavering away in this h ouse on behalf of the people of british c olumbia, and i hope we all have the good health to do it. i see the member from Mission has poked his head up. h e's interested in that concept, too — that he'll be here for a very long time. a nd i'm delighted to hear that. but the reality is that we're not all going to enjoy good health. Many of us are going to end up in facilities of various kinds requiring various levels of care.

So when i hear the government wax so eloquent about solving the problem with a bill of rights without any commitment to the funding and support that's needed, i have to ask myself: "Just how sincere are they?" The h ospital employees u nion, i think, has wisely pointed out, having taken a quick look at this bill, that really these rights are largely dependent on providing minimum staffing levels. These rights are dependent on numbers which, frankly, don't bode well for the exercise of these rights by british c olumbians. [1500] What do we know?

We know that in british c olumbia we are not providing the funding at the same level as other provinces in terms of the numbers of hours avail - able for care in facilities. We know, for instance, in 2003- 2004 the per-capita spending on home care in british c olumbia was $82, below the national average of $91.

We had one of the lowest utilization rates for home care in c anada. n ow, what that tells us is that we're not supporting them at home to stay in their homes, which is a very good thing, which should be one of the primary goals of government policy — to ensure that people remain in their own homes, in the security of their neighbour - hoods, in the security of a dwelling that they're used to. That would be the best thing.

What we know, in fact, is that seniors aren't necessarily getting that support they need to stay in their own homes, so they are going into facilities. a ssisted living at first — you know, a couple of meals a day, a room to stay in, hopefully some companionship — and then on to higher levels of care. imagine, hon. Speaker, how difficult it must be if you still have your ability to comprehend the world around you. Y ou have no family.

Y ou're dependent on a facility for everything: to toilet you, to feed you, to move you, to engage you in any activity that you might wish to par - ticipate in — entirely dependent on the facility. imagine, hon. Speaker, what that must feel like if you're in a facility where you know it's essentially a business. it's a for-profit facility. imagine what that must feel like.

This isn't t rillium l odge where, as i mentioned, my grandmother spent her last years — a not-for-profit with a good union staff, people who retained their jobs for years; people who developed that familiarity with their patients, if you will, with the residents; people who knew each other. We're talking about for-profit facilities, and we all know what this government did with bill 29. We all know what happened to a number of people who worked in health care, in long-term care facilities.

We know what has happened in n anaimo, n anaimo Seniors Village, on various occasions — mass layoffs of staff. imagine what terror that must strike into the hearts of the seniors in those facilities, hon. Speaker, facing the prospect that staff that they were used to relying on, staff they'd come to know, were going to be gone. if we're going to talk about the commitment to care, if we're going to talk about rights to health and safety and dignity, rights to participation and freedom of expression, rights to transparency and accountability, we have to talk about those other things.

We have to talk about the reality of what it is to be a senior, what it is to be entirely dependent on others, and what kind of a system we're creating if these rights are to have any meaning at all. Government policy has, without question, encouraged more and more private health care delivery in this prov- ince, for-profit facilities. That is what the government believes philosophically is the best thing for our seniors. i don't believe for a moment that it is the best thing for our seniors. The members of the opposition don't believe it for a moment, and hon.

Speaker, i suspect that if you polled them, the vast majority of british c olumbians don't either. People understand what the profit motive is all about. Y ou know what, hon. Speaker? Many of us on this side of the h ouse have either run a small business or a profes - sional office, worked in businesses, worked for employers. We understood the necessity of profit. Y ou've got to have a profit. People don't invest; people don't get employ - ment.

Y ou know, you can argue that there's no incentive. but when it comes to the delivery of care for people who have lost control of their lives in every sense because they are entirely dependent on others — the concept of them being cared for in facilities where the motive is profit....

Surely that should strike us as just somehow not in accordance with those great c anadian values around public health care. i'm not suggesting for a moment that all of the facilities in this province that are for-profit facilities aren't deliv - ering good care. i'm not suggesting for a moment that their owners don't have some interest in providing the care, and think it's a good thing to do and don't actually see it as probably one of the best businesses they can be involved in. but at its root, the facility won't survive unless it makes money, unless it makes a profit. [1505] on one hand we've got a facility where there's no interest in making a profit. it's there entirely devoted to

british c olumbia DebatesWednesday, o ctober 28, 2009 1693 delivering a service. o n the other hand we've got a facility where someone has to make a dollar, where there are investors who expect a return. i'm no rocket scientist, but i think it's pretty clear to me what kind of facility i'd like to be cared for in. i think it's pretty clear to me that i want to be in a place where i know the people who are running it and the whole oper- ation are devoted to delivering a service for me when i need it. it's not, at its root, a place designed to make a profit. if you're going to enforce these rights, if these rights are to have any meaning whatsoever, then they have to be sup- ported by the money, and they have to be part of a system where the primary goal is not for profit.

The primary goal is, in fact, assuring that one of the most vulnerable groups in our society, seniors in the end stages of life, get the care that they deserve.

Y ou know, there is, as i said, a difference between expectations and rights. i think most of us who have grown up post-war generation — and, indeed, pre-war — expected that when we got old, if we became so ill or infirm that we required residential care, care in a facil - ity…. o ur expectation was that we would receive that care, that we would receive the kinds of supports to ensure that we could live out our last days in dignity. if we are to live out those last days in dignity, then surely we have to do more than just provide what i will call a statement of almost platitudes. it says in

section 4: "a n adult person in care has the right to transparency and accountability, including a right to all of the following: (

a) to have ready access to copies of all laws, rules and policies affecting a service provided to him or her; (

b) to have ready access to a copy of the most recent routine inspection record made under the a ct; (

c) to be informed in advance of all charges, fees and other amounts that he or she must pay for accommodation…." it strikes me that one of the things i might like to also see is not the most routine inspection reports made under the act but the extraordinary ones, the ones where the facility that i'm housed in are, in fact, in violation. Surely i have a right to know that as well. i don't see that enumerated here.

Forgive my cynicism, but when i see that we talk about the "adult person in care has the right to transparency and accountability," gosh, i've got to tell you, most british c olumbians were hoping to get that from this govern - ment — this transparency and accountability — but that doesn't seem to be the case.

We just went through an interesting question period today where we couldn't get a decent answer around the issue of accountability for an expenditure of a half a million dollars for boxes. if we do have this right as seniors in care, persons in care, to transparency and accountability, what are the specifics? h ow's it going to be enforced? Who's going to guarantee that it happens? Who's going to deliver it? Why not a seniors advocate? Why not someone who is independent? We have figured out in our society that the appoint - ment of independent officers of this l egislature is a good thing.

We've got an independent conflict commissioner, we've got an independent a uditor General, we've got an independent ombudsperson, and we have independent persons like the child and youth representative, who we know are there with a guaranteed and fixed position with an ability to protect the interests of the people who they are statutorily required to protect.

This government could have included the appointment of a seniors advocate. it wouldn't have been unreasonable in this bill. i think it would have been, if you will, an acknowledgment of what i've had to say about the good work of my party and my leader around the appointment of an advocate, but it also would have said, i think, in a very clear way to british c olumbians, that this wasn't just a political fix. [1510] This wasn't just the political band-aid that i talked about. it was a sincere attempt by the government to remedy the problem that they acknowledged by bring - ing this bill before the h ouse, and that is that seniors care in this province isn't what british c olumbians believe is good or right or proper. it also would have been, i think, a more effective solution to dealing with the issues that confront our seniors in care. but instead, what we have is the whitewash.

We've got the statement of rights. i think the member from e squimalt talked about form versus substance. We've got the form, but we haven't got the substance. We've got a tiny admission by the introduction of this bill that there's a problem, but we're really not quite pre- pared to go far enough to actually deal with the issues. We've got a great statement of what seniors are entitled to. i suppose you could call it the wish list. a nd that's all it will be — a wish list, a statement of higher ideals to which we aspire if it becomes meaningless.

There's a statement attributed to President Jackson when they removed the c herokee and sent them on the t rail of t ears. The c hief Justice of the u nited States, c hief Justice Marshall, presiding over the Supreme c ourt, decided that the removal was illegal. of course, what happened was…. The response, historically attributed to President Jackson, was: "The c hief Justice has made his decision. l et him enforce it." Well, in fairness to President Jackson, history has finally figured out that he never actually said that, but it's a great story because it illustrates my point.

Passage of a bill like this is meaningless unless there is the government apparatus to enforce it, unless there are designated persons interested in doing their work. We know, for instance, what this government has done around employment standards. We have the shell there. We've got the form, for example. but if an employee has a problem, they go to employment standards, and then they're sent back to discuss the problem with their employer.

british c olumbia Debates1694 Wednesday, o ctober 28, 2009 Well, i'm sure that's of great comfort to a 17-year-old kid who's desperate to help support his family or a 25-year- old single mom with a couple of kids at home. She's going to go back to the employer who's harassing her or making her life difficult and try and solve the problem. it doesn't cut it. There's a real world out there.

What senior is going to feel comfortable trying to assert these rights if they're not satisfied that they've got a government system of enforcement that will genuinely protect them, that will ensure that they're taken care of, that will ensure that the complaint they've made will be supported and a remedy found? Where is that guarantee? it's not in here. Y ou can submit a complaint to the patient care quality…. l et's see.

"in addition to any complaint that may be made under this a ct, if a person in care believes that his or her rights have been violated, the person in care or a person acting on his or her behalf may submit a complaint under the Patient Care Quality Review Board Act." What sort of funding does the Patient c are Quality r eview board a ct appointee get? a re we going to guar- antee that it's a priority? is it going to be like funding for the n anaimo children's festival, through a gaming grant — going to disappear? is it like funding for parent advisory councils — going to disappear? is it like support for a whole series of things that this government claims to believe in — going to disappear down the priority list?

So i come back to my main point. The opposition will support this. it's a step forward. but the proof is in the pudding; the proof is in the delivery.

Will this government step up to the plate and provide enough competent, qualified people to ensure that those vulnerable adults and people in care get the care they deserve, get the enforcement of the rights that this bill enumerates, receive and be entitled to exactly what we believe they are entitled to, and that is to security and safety and comfort at a time when they are most vulnerable? [1515] Without all of that, what we are doing here is essentially engaging in a public relations exercise. The people of british c olumbia expect and deserve better.

Most particularly, seniors, adults in care, deserve better because if they don't get it, all we are doing here is contributing to the growing cynicism around government and its ability to deliver services and protect its citizens. That's all we're doing. i sincerely hope that the government, either because it's a political problem or because they sincerely believe it, are going to back up this bill of rights, if you will, with the kind of support that is required in order to ensure that the lofty ideals set out in it are, in fact, implemented, that our seniors are protected. They deserve to be pro - tected.

They helped build this province, and God knows, we're all going to get there some day. Deputy Speaker: Members, with your indulgence, i would like to take a moment to recognize someone who has just come into the public gallery. a dear friend and former colleague, Mr. a lex c ampbell, has joined us from the district of r ichmond. h e and i were school administrators together, and i would ask the h ouse to please make him very welcome. N. Macdonald: i, too, will take my place to speak about bill 17, which is the residents bill of rights, an amendment to the health statutes act.

Section 3 in this bill lists the rights of adult persons in care. There's a fairly extensive list, and most of the things that would be listed here are fairly self-evident: to be treated in a manner and live in an environment that promotes the individual's health, safety and dignity; protection from abuse or neglect. it lists pretty well, with a dozen statements, things that people should be able to expect in care in this province.

The difficulties that you do have with the bill…. i think the sentiments expressed are so self-evident and so reasonable that you're not going to get anybody voting against them, but i think that we have to look at the context in terms of what's being put forward here. First, when you look at the bill, there are modifiers.

There are things like "if practical." So a statement like: "Somebody should be treated in a manner, in an environ- ment, that promotes the individual's health, safety and dignity…." it modifies that where it says "if that's practical." Then it also makes it clear — it's explicit in the amendment here — that there's no right of action.

So there is nothing here that really allows anyone to act upon any of these expressions of standards if they are not kept, because first it modifies…. it allows an out with "if it's practical or not," and then it is explicit in saying that there's no right of action. e ssentially, what you have with this amendment is something that is — i think many of my colleagues have said it — a communication piece. it solves a pol - itical problem, and i would make the case that it really does not in a substantive way correct the problems that are there for people that are depending on residential care in this province.

Those people are predominantly seniors. i think what people know is that in any society, you really judge the quality of that society by how it organizes itself to look after those that are vulnerable. in many parts of the world the family structure does that. in c anada it's not only the family, but also the wider society pools the resources to look after those that are vulnerable. Those include children, of course; those that have fallen sick or are disabled in some way; those that have fallen into poverty; and of course those that find, because of age….

They're seniors, and they're in a position where there is a certain vulnerability, especially as they move on. Very often the physical constraints become such that they have to move into care or else one of the things

british c olumbia DebatesWednesday, o ctober 28, 2009 1695 that many of us see with people as they grow older is the onset of a very difficult situation related to a lzheimer's, which is increasingly common. [1520] it is something that is very difficult, not only for the individual who suffers from it but also for family mem - bers and the wider society trying to help those people. it creates real challenges. i think that as politicians, we have the ability to interact with a large number of people. c ertainly in rural areas, and i suspect for most of us, the election process is a process of going door to door, talk - ing to an awful lot of people and getting a pretty clear sense of what people think about provincial politics.

My experience over the past four years has also included all of the community meetings that you attend. i can say with absolute sureness that the values that are there for the people that i represent…. one of the strong- est values, articulated most clearly in 2005 during that election, but again in 2009, is that people want seniors treated with dignity and respect. t o do that, we need to get the residential care piece right.

What i would assert and certainly what i heard door to door is that it is a piece that this government has consistently failed on, that there is a consistent problem with residential care in b.c. for seniors and that people don't accept that that is the way it should be. So what i would suggest and, i think, what most who would look at this would suggest is…. What you have is, essentially,

an act that is to solve a political problem. it really is not going to make a difference for anyone in terms of the care that they receive. The problems that are there are not going to be solved by this. a ll that it does is provide an opportunity for the gov - ernment to stand up and say, "oh, don't worry.

There's a bill that somehow looks after that," and hope that people don't ever have to experience it and find out that it actually doesn't provide any of the protections that one would presume were there with the legislation. it's in no way a bill of rights. it is an expression of sentiment, and i would say that it's a cynical expression if you don't have the resources that are needed to pro - vide things like the dignified care — the environment that promotes an individual's health, safety and dignity. if you don't have those things funded properly and put in place, then a statement which gives the impression that you have a right to it, i think, is cynical. it wouldn't be the first piece of cynical legislation or cynical com - munications from this government. i think all of us who worked here between 2005 and 2009 remember the stage where we went through the five great goals. it was essentially a statement — five things that the b.c. l iberal government was failing on.

Y ou had this statement that they would say again and again and again to try to get the public to believe that there was going to be some movement on those issues, and there wasn't. i think you could go through a long list. The heartland strategy — it was the same thing. This expression, this communications plan, about what was going to happen — in the end, there was nothing to it. That's the problem with this bill too. t o make these statements, even if you do it in the form of legislation, is meaningless if it doesn't come with some of the resources to find solutions to real problems that seniors have.

What i would put in front of people is that the values of the people that i represent…. i know that those values include looking after our seniors properly.

What they expect is that the real problems that are there are fixed and that we should not simply substitute an expression of sentiment and say: "Well, that's the problem solved." That's the concern that i have. e xpressing this is an attempt by the government to make it look like they are actually doing something or are serious about something, when in fact, the problems that are to be solved will take resources and they will take work. [1525] i think the context that we have to look at when we look at this bill is an understanding that what we will get shortly is a report from the ombudsman's office — or the ombudsperson, if that's what they're going to be called — where it lays out some of the challenges for seniors. r egardless of what is laid out, i think there's no question that in the public mind those shortcomings have been pretty clear.

The area that i represent, from 2001 on, when this l egislature was filled almost entirely with b.c. l iberals…. The area that i now represent had one failing for the seniors after another. i said during the 2005 election that the failure of this government in looking after our seniors was consistent and that it was comprehensive, and everybody knew that that was the case. r esidential care beds were closed in invermere. They were closed in Golden. Y ou had the whole hospital closed in k imberley.

The impact of those closures was profound. it wasn't just the closures. it was the fact that people were forced to move from the community because beds that had been there were no longer there. it was addi - tional costs. it was changes to the supports in home that hadn't been thought through. it was a significant prob - lem for one senior after another. [c. t revena in the chair.] People in the area that i represent, in c olumbia r iver– r evelstoke, simply rejected the idea that you should be making those changes and impacting seniors in the way that they have been impacted. i think it's significant to know that that was not what people had voted for in 2001.

There was a pretty clear promise — again, speaking to the emptiness of words; in fact, it was there in the New Era document — about providing additional units.

british c olumbia Debates1696 Wednesday, o ctober 28, 2009 i think the promise in the 2001 document from the b.c. l iberals was that there would be 5,000 residential care beds by 2006. Well, there weren't. There still aren't. There has been a net loss in residential care beds. n ow the government mixes up all sorts of different things that they've built and tries to say that in some way they've met that commitment, but they haven't.

There is the lowest number of residential beds per capita in the country here in british c olumbia. c ertainly, the experience in the area that i represent is that the residential beds that are there simply are not adequate. Facilities that were built by not-for-profit and then by the government were closed. if they were to be replaced, they tended to be replaced by privately run facilities. That's something that runs contrary to any suggestion that seniors' interests are being seriously looked after. So you had a

Document details

Collection	British Columbia — Debates (Hansard)
Citation	H1028pm-03
Type	hansard
Volume / chapter	H1028pm 03
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	b784cc13b7f0fac6b00ee8719adaf452637d67b5

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