British Columbia Hansard — Thursday, June 3, 2021 p.m. — Number 84 (HTML) (42nd Parliament, 2nd Session)
20210603pm-House-Blues
British Columbia — Debates (Hansard)
Second Session, 42nd Parliament
(2021) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Thursday, June 3, 2021
Afternoon Sitting
Issue No. 84
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Tributes
Sarah Robinson
G. Lore
Tabling Documents
Letter from Army, Navy and Air Force Veterans in Canada, B.C. Command, dated June 3, 2021
Orders of the Day
Committee of the Whole House
Bill 6 — Accessible British Columbia Act (continued)
S. Cadieux
Hon. N. Simons
D. Davies
Reporting of Bills
Bill 6 — Accessible British Columbia Act
Third Reading of Bills
Bill 6 — Accessible British Columbia Act
Second Reading of Bills
Bill 7 — Electoral Boundaries Commission Amendment Act, 2021 (continued)
T. Stone
J. Tegart
Hon. N. Cullen
J. Sturdy
Hon. M. Rankin
T. Wat
M. Lee
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Mental Health and Addictions (continued)
T. Halford
Hon. S. Malcolmson
Estimates: Ministry of Attorney General
B. Stewart
Hon. D. Eby
S. Furstenau
Proceedings in the Birch Room
Committee of Supply
Estimates: Ministry of Agriculture, Food and Fisheries (continued)
M. de Jong
Hon. L. Popham
I. Paton
THURSDAY, JUNE 3, 2021
The House met at 1:03 p.m.
[Mr. Speaker in the chair.]
Routine Business
Tributes
SARAH ROBINSON
G. Lore: I am both grateful and heartbroken to rise today. I thank the
House, the Speaker and the Minister of Indigenous Relations and
Reconciliation for the opportunity.
I’m rising to speak about Sarah Robinson. My work with Sarah, in
her role on the Minister’s Advisory Council on Indigenous Women and mine
as Parliamentary Secretary for Gender Equity, was new. But I have had
the gift of watching Sarah as a warrior and an advocate for Indigenous
women and girls, reconciliation, and the learning and unlearning of our
colonial history, past and present, for many years.
The heartache and trauma of this work has hit many hard this past
week. But it isn’t new, and it cannot be passing. As Sarah has said:
“It’s that individual work that people need to do. And it’s tough work.
It’s not easy.” For those looking to do this necessary work, Sarah’s
legacy includes The Walrus Talks speech from 2017, an incredible
introduction to Indigenous and Canadian histories.
Sarah returned to her ancestors, but to quote, again, Sarah
herself: “No life force, once given, can ever be lost or
destroyed.”
Sarah’s work and life and presence have impacted so many across
this province and in this House, including myself and, I know, also the
Minister of Jobs, Economic Recovery and Innovation, affecting hearts and
changing minds and leading to concrete change. It is neither lost nor
destroyed.
[1:05 p.m.]
Tabling Documents
B. Banman: I seek leave to table the letter from the Army, Navy and Air Force
Veterans in Canada. It was mentioned during question period this
morning.
Leave granted.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued committee stage, Bill 6, the Accessible
British Columbia Act.
In the Douglas Fir Room, I call continued estimates debate for the
Ministry of Mental Health and Addictions.
Then in the Birch Room, I call the Ministry of Agriculture.
Once the Ministry of Mental Health and Addictions is finished, then I will
be calling the Ministry of Attorney General.
Committee of the Whole House
BILL 6 — ACCESSIBLE
BRITISH COLUMBIA
ACT
(continued)
The House in Committee of the Whole (Section
B) on Bill 6;
S. Chandra Herbert in the chair.
The committee met at 1:07 p.m.
Clauses 16 and 17 approved.
On clause 18.
S. Cadieux: This clause talks about how, in the development of standards,
there must be consideration of all of the other relevant laws of British
Columbia, relevant standards in other jurisdictions and the UN
convention on the rights of persons with disabilities. Can the minister
explain how relevance will be determined under this section?
The Chair: Minister.
Hon. N. Simons: Mr. Chair, welcome back for our afternoon session.
[1:10 p.m.]
Thanks for the question to the member opposite. The minister, in
standards are developed with the express interest in ensuring that there
are no conflicts with any other laws, and “relevant” would be based on
if it has relevance to the standards that we’re developing at the
time.
I just wanted to make sure that that’s why we’ve ensured that the
technical committees for particular standards have representatives from
other ministries or ministries particularly associated with that
standard of development.
S. Cadieux: I guess I understand that, but I guess I also find that
concerning, given that if the subject matter experts in ministries
haven’t managed to erase the barriers themselves and if there’s a
committee that now needs to come together to show them how to do that,
where is the weighting between those who are needing to make the changes
but have not yet made the changes, without being forced to by a standard
that is coming into force as a result of this act?
The UN convention, for example, requires that all “buildings,
roads, transportation and other indoor and outdoor facilities,
including schools, housing, medical facilities and workplaces,” be
accessible, but we know that isn’t the case. I would hope that that’s
what we’re seeking to get to with this act.
Again, if the decision rests with government and with the minister
on when and how to direct the committee to work on various pieces of
this work and there is no stated requirement for all of these things to
be working together, how do we feel confident that the principles, for
example, in the UN convention will be enacted by the work?
I guess the best way I can…. Is this just a box-ticking exercise?
“Yes, we’ve considered it. We’ve looked at it. Check mark.” Or is there
something more concrete so that people can be assured [audio
interrupted]?
Hon. N. Simons: Just to ensure that the member knows that this is in no way
attempting to limit the breadth of our work. My notes on this
section
experience and best practices from current or proposed standards in
other jurisdictions, for one thing. I hope that confirms her
wishes.
[1:15 p.m.]
Section 18(
c) signals our commitment to the United Nations
align with the principles in that convention.
S. Cadieux: Thank you, Minister. So let’s propose and suggest that at some
committee have proposed a standard, and it’s gone through the
consultation period and the minister has approved it. LGIC has approved
it. It is now part of the law. Let’s suggest that standard provides
greater access in some capacity than in existing law in British Columbia
— just for argument’s sake, the building code.
There is nothing in this bill, which we’re debating today to
become law, that expressly states which standard will then win in a
dispute between laws. The AODA has a clause specific to this that
basically states if there’s a conflict between the AODA, including its
standards, and any other provincial law, the final authority is the law
that gives people with disabilities the most access to fully
participating in Ontario in the areas of goods, services, facilities,
employment, accommodation, buildings. That’s
part X,
section 38. Can the
minister explain why this bill does not contain a similar
provision?
[1:20 p.m.]
Hon. N. Simons: I’m assured and confident that a considerable amount of discussion
went into all parts of this legislation. Of course, when we look at
other jurisdictions, some do and some don’t have this kind of specific
statement. But after the deliberations and ongoing consultation, it was
felt that this protects the integrity of the standards by ensuring that
when we create the standards, we proactively avoid the conflicts that
the member refers to.
Under the very strange situation where there might be a conflict,
we would expect the normal common-law practice rules to apply. I don’t
actually think it’s necessarily practical to simply say that one law
will supersede the other. That, I think, leads to a messy kind of
legislative system. It’s also very difficult sometimes to determine
which law supersedes the other. Our goal is to avoid any potential
conflicts like that. If they do arise, we’ll deal with them, obviously,
in favour of ensuring that British Columbia is the most accessible place
and that all barriers that are identified are removed.
S. Cadieux: Well, I can see already that this is going to be a challenge. For
another attempt at clarification, is the minister then suggesting that
the committee won’t be able to make changes to the building code or that
government will make changes to the building code to align with any
example?
Again, the building code is just an example, but our buildings are
built to that code. If the standard isn’t high enough in the building
code and people are being excluded, as they are today in some
cases, then what is the purpose of the committee setting a standard that
would actually provide access if, in fact, they can’t if the other law
that exists on the books today provides a lesser standard?
I need the minister to clear this up for me, please. I do not see
how, without a statement or a commitment expressly from government,
these changes are going to be made — that, in fact, anything will
change.
[1:25 p.m.]
Hon. N. Simons: I just want to point out that the legislation specifically is
geared towards not just removing and preventing barriers but identifying
where they exist. So if, during the process of standard development, we
run across a place where a barrier exists in a piece of legislation or
in a regulation, that could trigger the ministry, the act, to address
that particular area.
I know the member is using the building code as an example, and I
understand that, but we are currently working on the building code, and
the parliamentary secretary, the member for Chilliwack, is actively
involved in that process too. Where we identify barriers, the
legislation is specifically geared towards removing them.
Clause 18 approved.
On clause 19.
D. Davies: Thank you, Minister. What are we at? Clause 19, “Rights of
Indigenous peoples.” Can the minister tell us what consultations were
undertaken with Indigenous peoples prior to the tabling of this
act?
[1:30 p.m.]
Hon. N. Simons: Thanks for the question from my colleague the member for Peace
River North.
The Indigenous communities were involved in the development of
this legislation from the very earliest stages. The consultation process
that the province engaged in included funding First Nations, some First
Nations further, to undertake their own discussions and consultation
processes. We’ve had numerous discussions with Chief Judy Wilson, as
well as with legal counsel for the Union of B.C. Indian Chiefs, Mary
Ellen Turpel-Lafond.
[1:35 p.m.]
As we continue in this important process, now that we have the….
Well, once we have the ability to begin the process of establishing
standards and writing the regulations, ongoing consultation will take
place.
I’d point out that we had Indigenous representation on the
advisory committee for the ministry and a lot of other discussions that
took place. In terms of the public consultation, we had over 5,500
individuals provide input to the province, including over 500 people who
identified as Indigenous. That’s an important part of the inclusion of
all diversity of voices in this province as we move towards the
standards and regulation development.
D. Davies: Obviously, there was consultation. That’s good to hear. The
involvement, the public feedback…. Presumably there were some concerns
or issues that were brought forward to the minister about these. I was
just wondering if the minister can share some of those concerns around
this act that he may have received by the different Indigenous
communities, participants and some of the feedback.
Hon. N. Simons: The member asked a question, very relevant and obviously…. The
question he asked was about whether the province made any adjustments or
what have you.
We strengthened the legislation, based on the discussions we had,
in terms of confirmation of at least one Indigenous person on our
provincial advisory committee that Indigenous communities would be
consulted on the independent reviews. The member might want to recognize
that the legislation is written in such a way as to have a focus on the
intersectionality of disability. The community that’s affected is
affected in more than one way. So that was definitely an important
consideration as we finalized the drafting.
D. Davies: I didn’t really get the answer that I was hoping for, so I’ll
maybe dive a little further into the question. The minister had
mentioned that there’s at least one Indigenous member on the committee.
There has obviously been talk about Indigenous groups being involved
from the earliest stages on the bill. We heard they’ve been undertaking
many discussions. Presumably, prior to this act being brought forth to
where we are today, there have been concerns brought up by the
Indigenous groups that the ministry has reached out to.
[1:40 p.m.]
Our question is: can the minister share some of those concerns
that were brought up and how the minister and the ministry acted upon
those concerns that were brought forward?
Hon. N. Simons: The legislation was a process of months and months of hard work,
intense discussions, good discussions, collaborative work together.
Differences of opinion were raised by different sectors of the
community, Indigenous and other. Our deliberation, our work together,
resulted in what I consider to be robust legislation.
I mentioned issues around representation. Specific representation
on the provincial advisory committee was an area that was highlighted. I
wouldn’t characterize it as a dispute or a conflict at all. We work
collaboratively with all of those interested in pursuing the goal that
we have, and that’s a more accessible province.
The two points that I mentioned were in direct response, in fact,
to the member, who may not have understood that I was speaking
specifically to his question. Maybe he’s not used to that. But in fact,
as well, the independent reviews would be…. Indigenous views would be
part of the independent review process.
D. Davies: I guess, in the event, moving forward, if there is a…. I’m still
trying to get past the last answer, which I still don’t think that I
got, actually. In fact, I’m going to go back there. I’m still hoping
to…. This isn’t to be a challenging question. This isn’t to create any
conflict.
We’re hoping to hear…. I mean, it sounds like there were robust
conversations with different Indigenous groups, and 500 people
participated in the public outreach that identified as Indigenous
background. I guess what we’re looking for are — and I’m sure that
they’re recorded somewhere — the specific details of where there may
have been issues and challenges that did not fit, possibly, or did not
work with the X, Y or Z Indigenous communities or individuals in
creating this act.
I’m not looking for the entire list but some highlights of some of
these concerns that were brought forward and how the ministry dealt with
those.
[1:45 p.m.]
Hon. N. Simons: I know what the member opposite…. I know his role. I was in his
role for a long time. So I’m not misunderstanding the purpose or nature
of the question. I respect the fact that he’s asking about an important
subject area.
I would like to point out that the overwhelming message we’ve
heard, broadly across the province, including from Indigenous
communities, is that this is important legislation. People are very
happy about it finally coming to the floor of the House.
We heard, obviously, how equity and equal access to opportunities
society. I did point out that during the review of the legislation with
Indigenous communities, we identified ways of strengthening it. When I
process of review by the independent review, I was addressing the
questions.
I would like just to characterize the discussion and the
development of this legislation. It’s not like in here, where we may
find conflict with each other. This is a collaborative process, in which
all parties at the table really want to get to the same place. Actually,
I do think that the members opposite want to get to the same place as
well. I don’t doubt that.
The nature of the discussions was that this is important
legislation. How can we strengthen it? The process of legislative
drafting and the input from the ministry into that drafting process
reflected what we heard.
Clauses 19 and 20 approved.
On clause 21.
S. Cadieux: I appreciate the challenge that he faces in bringing this act to
the House and getting the agreement of all of the parties. As I’ve
stated, I know there will be trade-offs, and I know there will be
decisions made by government that advocates won’t like. But my colleague
was trying to make a point, I think, and I think he made it.
Not everyone, including not everyone on the committee that the
minister talked about as being consulted in the development of the act,
is happy with what they now see. There was a lot of consultation and
there were lots of opinions given and a lot of direction given as to
what the bill needed to contain. The community, including members of
that committee, are not satisfied with this bill.
In fact, Disability Alliance B.C., which sits on that minister’s
advisory, doesn’t believe that the act should even be moving forward in
this House today as it is. They have significant concerns about the fact
that the act didn’t have the active participation of the community in
the actual drafting of the act, only in providing advice and that the
consultations that government undertook are not reflected in the
bill.
I’m going to say this, and that is that I am still pleased that
this bill is moving forward in the House. I do, however, share many of
the concerns of the people that are voicing their concerns publicly, the
advocates.
[1:50 p.m.]
As a legislator who has been here now 12-plus years, like the
minister, I understand there are reasons legislation is the way it is.
There are opportunities, and there’s timing. I am happy that we will
have a bill on the books. I, too, would have liked it to be much
stronger. The minister knows that. The minister knows I had a number of
amendments on the paper that I wished to see, to make the bill stronger.
They didn’t even include the ones that I think are most necessary to
give the bill teeth.
That’s where we’re going to go now for discussion. Compliance and
enforcement. There isn’t really any. The bill puts in place a number of
things. We’ll go through these in the coming sections. But what does
seem to be completely lacking in the bill is a complaints mechanism for
people with disabilities, who are the people facing these
challenges.
Can the minister describe, please, what I am not seeing? Where is
it? Where is the complaints mechanism for people with disabilities, who
don’t believe that the access to be provided by this act is being
provided? Where is the complaints mechanism? How will that work? And
where will it be housed?
Hon. N. Simons: In response, I would say that I do believe we have a very strong
bill, a robust bill that includes…. We passed it already, but it was
section 12, which refers to a feedback mechanism. It says an
organization must have a feedback mechanism, and that includes
government as an organization. So government will not just have an
opportunity to hear about how barriers exist in communities and where
they need to be removed, but feedback will be provided on the actual
standards that have been put forward as well. This is a way to ensure
that the public has an opportunity to let government be aware of any
issues that happen to arise.
[1:55 p.m.]
S. Cadieux: Well, that’s the point. Feedback is not a complaints mechanism.
The opportunity to write to government and say: “Gee, I don’t like this.
This didn’t happen right. Thanks very much. In your next report, can you
please tell me why or what you’re doing about it?” That is not a
complaints mechanism. That doesn’t provide any security for people with
disabilities to report a violation of a standard, a barrier to access,
that is preventing them from accessing something.
They can complain to government or to whichever agency may be
there, but there is no independent process for investigation. There is
no independent process for individuals to seek redress, quite the
opposite of what we see in the Accessible Canada Act, for example, and
even in the ADA from 1990.
I’m going to ask now for the minister to explain here, in
part 21,
the director. Why has the minister decided, in this legislation, to
house all of the potential enforcement inside government? How can we be
assured that this public servant inside a ministry of government that is
also subject to standards can be independent in enforcing violations or
complaints against government for redress?
Hon. N. Simons: The compliance and enforcement person would be an independent
statutory decision–maker. I know that the member served on this side of
the House and knows that they have independence from direct ministry
intervention. But they’re an independent statutory
decision–maker.
It’s similar to other jurisdictions, perhaps not the federal
government. I believe that this allows for the independence that the
member is speaking of.
S. Cadieux: Well, I definitely don’t agree. I think we would have been much
better served as a population of people that have long, long suffered in
many respects a lack of respect of our access needs.
The continued erection of barriers to our accessing public
services, buildings, our environment, our ability to work, our ability
to recreate, our ability to exercise our rights and responsibilities as
citizens — these barriers continue to exist despite all the best efforts
of the public as a whole, as a government, in terms of making great
statements about the need for this.
[N. Letnick in the chair.]
I understand this all too well, as an individual myself who has
fought these battles inside government and from outside.
[2:00 p.m.]
I know it’s not simple to fix, and I know there isn’t an overnight
solution, but I certainly think this nearly 25 percent of the population
that will face some of these barriers in their lifetime certainly would
have felt better about this legislation if it came with an independent
officer of the Legislature, for example, like we have for the children’s
representative or even the seniors advocate — which, while although
reports to a minister ultimately, has a degree of independence and a
sense of independence of action and concern and certainly would provide
an opportunity for there to be a more transparent complaints and
investigation process.
I can respect that the individual that…. I note the language in
the act, again, says the minister “may” appoint a director, not must.
However, I appreciate and trust that that appointment will be made
forthwith. But I appreciate that the statutory decision–maker has some
autonomy. However, there is no mechanism here for the public to lodge
complaints, to ask for investigation and redress.
I think that is a major point of concern for the advocacy
community, largely. Certainly, I’ve heard from a number of people on
this, not just from Disability Alliance B.C. Certainly, they were public
about their concerns about this in their letter to the editor of the
paper. But also an advocate that I have known a long time, Paul Caune,
who has faced great systemic barriers to his accessing his rights as a
human being and as a person with a significant disability. I know he is
struggling with the fact that this act doesn’t provide the teeth that
advocates hoped it would, after this long of advocating for
things.
As Paul has long said: “Hope is not a plan.” But we’re asking to
put a lot of hope out there with this act. A lot of trust and a lot of….
I think one of his comments was, essentially, this act is asking us, as
people with disabilities, to trust and then, basically, have a big group
hug if it doesn’t work out.
We need more. He points out in an
article that the ADA in the
States, which was put in place in 1990, provides more teeth for
prisoners to lodge complaints against government about their treatment —
and provides opportunity for redress — than this act does. I think we
should be concerned by that. I think the minister needs to know that
this concern exists, because people to this day have been making their
voices as loud as they can and have not seen change within government or
within the communities.
I guess I would ask again. Why did the ministry and the minister
decide that this level of enforcement, a statutory decision–maker within
the ministry appointed by the minister, was the best route, over an
independent office or advocate?
[2:05 p.m.]
Hon. N. Simons: I thank the member for her question. I know Paul. I’ve met Paul. I
know his advocacy, and I respect the advocacy of all those who’ve worked
to ensure that their province took this issue seriously. I know I raised
it myself when I was in opposition, and we were waiting for the federal
legislation at the time. At least that was the answer. So understanding
that.
I would just point out that the format that we’re using here in
British Columbia is similar to the other provinces. They don’t have
commissioners established. It might be different from the federal. But I
would take issue with the suggestion that it doesn’t have teeth. We have
the independent statutory decision–maker. We have significant financial
penalties available for non-compliance. As I’ve said many times…. I know
that sometimes people accuse me of being overly enthusiastic or perhaps
hopeful. But I am.
[2:10 p.m.]
I think the process that has brought us here…. Despite the fact
that there exists difference of opinion on some aspects of this
legislation, we are working collectively towards the same goal. We are
working towards ensuring that if we identify barriers, we remove them,
and that we set a process forward. We bring in standards and regulations
for different sectors as decided by the community and the minister,
obviously, and we expect people to be in compliance. If they’re not, we
have mechanisms to deal with that.
Clause 21 approved.
On clause 22.
S. Cadieux: I don’t for a minute think that the minister isn’t
well-intentioned. But without a complaints mechanism for people with
disabilities to inform the director or inspectors, how do they know who
or what to inspect, and for what? Without a complaints mechanism, how
will people with disabilities be put at the centre of ensuring that
organizations follow the regulations?
We know that despite the fact that people with disabilities have
always had in British Columbia — or at least, not always, but for a
great deal of time — protections under human rights and so on, the
challenge is that you have to proactively go out and file a complaint.
You have to wait to have it go through the system. It’s a hugely
cumbersome process that relies on people with disabilities leading and
fighting for their rights.
The intent, I would argue, of this bill is to expressly remove the
need for that through the development of standards. However, we also
know that there will be a need to enforce — hence, this
section of the
bill. We’re putting in place, with this bill, significant monetary
penalties. I don’t argue with the minister on that. However, somebody
has to alert the inspector to the fact that something isn’t
happening.
At this point, we don’t understand. There is no articulation of
how those complaints about a lack of compliance or enforcement can be
made for the purpose of inspection. So can the minister explain how that
process will work?
[2:15 p.m.]
Hon. N. Simons: I would point out that the government was required to develop a
feedback mechanism. There are many ways that the public will continue to
inform government and lead government towards identifying where
compliance and enforcement will be required.
As we develop the standards, and as we receive the feedback from
the provincial advisory committee and technical advisory committees, it
might be established that we find other ways of ensuring that the
director can be contacted for specific issues. The director, obviously,
has the ability to appoint inspectors to look into particular matters.
But the feedback mechanisms and the compliance and enforcement options
available to government remain quite broad, actually, with the
establishment of the standards and as we see the role of the director
get established.
[2:20 p.m.]
S. Cadieux: I’m not sure that that provides much comfort or clarity around how
people with disabilities will be able to have their complaints addressed
in a timely way. But I will move on. Let’s go to
section 26.
Clauses 22 to 25 inclusive approved.
On clause 26.
S. Cadieux: On this clause, we’re looking at reconsiderations and appeals.
Obviously this is after someone has been found in contravention by the
inspector or director and has been issued a penalty. What if that
organization is a ministry of government? Will they be forced to pay
that monetary penalty? And what happens with the payment of that
penalty?
Hon. N. Simons: If there was a finding against a ministry, the ministry would be
subject to the same monetary penalties as any other prescribed
organization.
S. Cadieux: Then if a ministry, under
section 26, appealed for
reconsideration, is there a more significant chance that reconsideration
would be granted, given that the statutory officer who made the initial
finding is now being asked to reconsider their own fine?
[2:25 p.m.]
Hon. N. Simons: The answer to that is that’s why we’ve established that the
director would be an independent statutory decision–maker and not the
minister, for example. That maintains that level of independence
required.
Clause 26 approved.
On clause 27.
S. Cadieux: This should be a quick one for the minister. Could the minister
just confirm who is or what is the prescribed tribunal that is
referenced here?
Hon. N. Simons: Thank you for the question. The tribunal referred to in
section 27 is referring to…. The intent is to direct appeals to an
existing tribunal rather than to create a new one. The name of that
applicable tribunal would be determined, obviously, in consultation with
the Attorney General. But the tribunal would be the body to which the
reconsiderations would be referred.
Clauses 27 and 28 approved.
On clause 29.
S. Cadieux: I know the minister will be expecting this one, as I asked it in
the wrong
section yesterday.
Understanding that this committee could theoretically be very busy
— there’s a lot of work to do — they could decide to tackle a lot of
issues at once, to really delve in and provide meat to the bones of this
legislation in the shortest possible time frame, which would then mean
they are providing an awful lot of their time and expertise to this
process. Can the minister please explain what, at this time, the plan is
for remuneration of those committee members?
[2:30 p.m.]
Hon. N. Simons: What this
section does is allow the minister, in accordance with
the general directives of Treasury Board, to reimburse or pay an
technical committee for reasonable travelling and out-of-pocket
expenses. It also allows the minister to pay members of the provincial
committee.
As I mentioned, payments are subject to Treasury Board directives,
including the directive on remuneration guidelines for appointees to a
ministry and Crown agency board.
S. Cadieux: I do hope that in that case, it is looked at as such, and the
significant contribution that these individuals will make with their
knowledge and personal experience will not be undervalued in relation to
that type of expertise provided by appointees to Crown corporation
boards and such. It is long recognized that this community has been
asked to provide their expertise in a charitable way for far too long. I
hope that the minister and Treasury Board will take that
seriously.
With that, I’d like to just say to the minister: thank you to you
and your staff for being available and being as forthcoming with answers
as you were. I remain cautiously optimistic that we will see some change
as a result of this.
As I say, as a person with a disability and as an advocate, I am
deeply disappointed by the legislation. But as a legislator and a member
of this House, I am also very proud that we will have
an act on the
books that we can continue to hold this minister to account for filling
out and for moving forward judiciously and with the utmost speed as
possible. I appreciate his desire to ensure broad consultation but also
understand that at some point, somebody makes a decision, just as the
minister has in relation to this legislation.
His unwillingness to accept an amendment to it, for a couple of
words, cautions me somewhat in his willingness to move this forward
quickly, with the needs of the community and the desires of the
community. However, I am going to put that aside, and I am going to say
thank you and congratulations. I am pleased to be a member of this House
as we move forward with this historic step.
He can count on the fact that I will be watching closely as we
move forward. I appreciate very much his repeated offers to include me
in forthcoming processes.
With that, Mr. Speaker, I am done with my questions.
Hon. N. Simons: I just would like to take this opportunity, as well, to make a few
final comments. I’d like to just first thank the member for Surrey South
and the member for Peace River North, separated by a few miles but
united, I suppose, in the hope — perhaps cautious hope, but I understand
that — that we will fulfil what British Columbians expect of us in terms
of making our province more accessible and more inclusive.
[2:35 p.m.]
It’s a commitment we made as government. Understanding the
hesitance in the community that has probably…. One of the communities
that has worked so hard and fought so hard to ensure that we become more
accessible over the years.
This is not the end of the process by any means, and this is not
going to be entirely government’s sole responsibility to make this
province more accessible. We are counting on the goodwill and we’re
counting on what I believe to be the belief of British Columbians — that
our province is a better province when people can be included in all
aspects of society.
This bill that’s before the House today, I believe, will bring us
much closer to the destinations that we’re aiming for. I expect to be
held accountable. That’s part of the process here.
I thank all the members of the committees and all those who
participated in the consultation process to bring us to this point for
their contributions. I respect the fact that there remains some
differences of opinion with respect to the content of the legislation.
I’ve been here long enough to know that’s not uncommon. However, I
remain certain that we have the tool necessary to bring us to a more
accessible and more inclusive province.
I neglected to introduce the staff who have been in my right ear
for the last two days. They include Deputy Minister Dave Galbraith, Sam
Dufresne, Tricia Daykin, Shaylin Williams, Brynne Langford, Amanda Arnet
and Denise Clair Smith.
I thank everybody who has been part of this process. There is a
lot of work ahead of us, and I count on goodwill and common intentions
to get us to the place we’re aiming for.
Thank you very much, Mr. Chair.
The Chair: That’s a lot of voices in your head, Minister.
Clause 29 approved.
The Chair: Does anybody have questions or comments on clauses 30 to
33?
Clauses 30 to 33 inclusive approved.
Title approved.
Hon. N. Simons: I move that the committee rise and report the bill complete
without amendment.
Motion approved.
The committee rose at 2:38 p.m.
The House resumed; Mr. Speaker in the chair.
Reporting of Bills
BILL 6 — ACCESSIBLE
BRITISH COLUMBIA
ACT
Bill 6, Accessible British Columbia Act, reported complete without
amendment.
Mr. Speaker: When shall the committee sit again, Minister?
Hon. N. Simons: At the next sitting.
Mr. Speaker: So ordered.
Hon. N. Simons: I move that we have a recess.
Mr. Speaker: Okay. The House will be in recess for ten minutes.
The House recessed from 2:39 p.m. to 2:42 p.m.
[Mr. Speaker in the chair.]
Hon. N. Simons: I now call third reading of Bill 6.
Third Reading of Bills
BILL 6 — ACCESSIBLE
BRITISH COLUMBIA
ACT
Bill 6, Accessible British Columbia Act, read a third time and
passed.
Hon. N. Simons: I call second reading of Bill 7.
Second Reading of Bills
BILL 7 — ELECTORAL BOUNDARIES
COMMISSION AMENDMENT ACT, 2021
(continued)
T. Stone: I’m pleased to rise and continue my remarks on Bill 7, which deals
with the Electoral Boundaries Commission. Electoral Boundaries
Commission is a process which is required by law in British Columbia. I
think all of us in this chamber know that. The commission is charged
with a very important responsibility and that is to review the
boundaries and the number of seats every two elections to make
recommendations for potential changes.
[N. Letnick in the chair.]
On the front end of that process, the government of the day has to
provide the Boundaries Commission with a mandate. I’ve certainly been
through this process once before, two election cycles ago. I was sitting
in the government at that time. So I was very much part of the
discussions as a member of government with respect to the mandate that
we believed made the most sense to balance representation by population
as a core principle in our democracy with the important principle of
effective representation.
The proposed changes that are contained in Bill 7 would provide,
quite notably, for the potential increase in the size of the
Legislature, or the number of legislators in this place, by up to six
additional ridings, six additional MLAs. That would increase the total
number of MLAs from 87 to 93.
[2:45 p.m.]
I will say as an aside that I haven’t come across too many
constituents or too many British Columbians who, as a matter of top
priority, have said to me they think the answer to all of our problems
is more politicians, more provincial politicians. Nevertheless, the
Boundaries Commission, in its deliberation, can come back with a
recommendation to increase the size of this place by up to an additional
six seats.
Also quite notably, I think even more notably than the potential
for more members in this chamber…. We’re all kind of wondering where the
additional members would go. It’s a bit tight in here now, but I’m sure
we’d figure that out.
The other major change that’s contained within Bill 7 would
provide for the elimination of protection on 17 seats that currently
exist that are contained within three regions in the Interior and the
north. In the Cariboo-Thompson region, there are five ridings that are
protected. In the Columbia-Kootenay region, there are four ridings
protected. In the north region, there are eight ridings protected.
Again, that’s 17 seats that are currently protected.
By protected, what this really means in practical terms is that
there cannot be…. The current legislation makes it very clear that there
cannot be a reduction in the number of ridings or districts in each of
those three areas. The area that I live in, the Cariboo-Thompson region,
with five seats…. While boundary changes within that region are
permitted between those five seats, the current legislation does not
provide for a reduction in the number of seats from the current five —
similarly with the north region and the Columbia-Kootenay
region.
Quite disappointingly, we are dealing with the potential removal
of this provision, which is contained within this bill that’s before the
House, Bill 7. It is a clear decision that is being made by the current
NDP government to move toward more of an electoral quotient approach to
the determination of the number of seats and where the seats are and
what the boundaries of seats are in British Columbia.
The electoral quotient concept really, in its most simplistic
terms, involves taking the total population of British Columbia, which
is around five million, and dividing it by the number of seats that the
Electoral Boundaries Commission decides to recommend. Again, they can
move from the 87 that we have currently, up to a potential of 93. You
divide those total number of seats into the population, and you get an
average population number, which would be, if they did go ahead with the
additional six seats, an average population per riding of about 55,000
to 57,000 people.
There is an accepted practice when going through the process of
determining exactly those allocations of seats and the population levels
within them. It’s an accepted practice of allowing for plus or minus 25
percent of population in a riding. That’s 25 percent plus or minus the
average for the province. That plus or minus 25 percent deviation is a
long-established and acceptable practice, not just here in British
Columbia but right across the country.
Again, Bill 7 removes the requirement for the commission to
recognize “the legacy of our history and the need to balance the
community interests of the people of B.C.” when fixing boundaries. That
would be removed from the act through this Bill 7.
Bill 7 also, again, removes language that the commission can
exceed the plus or minus 25 percent deviation “where it considers that
very special circumstances exist.”
[2:50 p.m.]
That language is to be replaced with language that says: “…if it
considers it necessary to provide for effective representation.” A very
different approach to addressing the reality of rural British Columbia
and the need for ongoing effective representation.
Now, let me just back up. I want to say this. Certainly, I very
much — I know my constituents up in Kamloops do as well — support,
understand and respect the need to continue to honour, as a core pillar
of our democracy, representation by population, certainly in the context
of the plus or minus 25 percent deviation that’s allowed on that as
well.
There has been very significant population growth over the last
number of decades in the Lower Mainland, in particular. We’ve also seen
significant population growth in the Okanagan, even in my hometown of
Kamloops. Our population growth hasn’t been as pronounced as, say, that
other city down the road. I think it’s Kelowna. Kelowna has grown quite
a bit faster than Kamloops has, but Kamloops has continued to
grow.
The reality is that Kamloops has two seats here in the
Legislature, albeit mine is geographically much smaller than my
partner’s, the member for Kamloops–North Thompson. He has a large rural
area attached to his riding. The fact remains we have two seats that
represent the city of Kamloops and the surrounding Thompson valleys.
Based on the population growth that we’ve seen in the two Kamloops
ridings and in the city in particular, I wouldn’t expect that there
would be a dramatic change coming from the Boundaries Commission based
solely on the principle of representation by population — again,
allowing for that plus or minus 25 percent deviation.
But in the Lower Mainland, there has been very significant
population growth. I’m actually from the Lower Mainland. I was born in
New Westminster. I spent the first ten years of my life in Port
Coquitlam. My father — I’ve spoken about him often here in the
Legislature — was a very proud Vancouver firefighter. I still have a
whole bunch of relatives in the Lower Mainland, particularly in
Surrey.
If I just look at those three communities in the Lower Mainland,
New Westminster…. When we left the Lower Mainland and moved up to
Kamloops in 1981, New Westminster had a population of about 35,000.
Well, it’s doubled since that time, in terms of what the population is
today. It’s about 70,000 today.
Port Coquitlam, or PoCo, is where I went to elementary school.
PoCo, back in 1981, had a population of about 27,000. It’s more than
doubled since that time. We look at Surrey. Surrey in 1981 had a
population of about 147,000. Today the population is over 600,000.
Surrey is on a rapid trajectory to eclipse Vancouver in population. It’s
going to happen. One of the fastest-growing and most dynamic cities not
just in the province but across the country.
I say all of this because I want to make very, very clear that
these rapidly growing urban centres, predominantly in the Lower
Mainland, absolutely must have a strong voice here in the Legislature.
They absolutely must not have their voices diluted because they have
population levels that are so dramatically more than the population
levels in other ridings in other parts of the province. The key is
balance. The key is balancing that representation by population
principle with the principle of effective representation, ensuring that
there is actually equitable representation.
If we just look at the seat count, it’s 87 seats today. I might be
wrong on this by one or two. I’m not entirely sure if Powell
River–Sunshine Coast is considered Vancouver Island or the Lower
Mainland.
Interjection.
T. Stone: I’ve hurt the feelings of the minister from Powell
River.
Let’s say Vancouver Island has 14 seats today, the Lower Mainland
49, the Interior and the north 24. On a percentage basis, that works out
to 56 percent of all the seats in the province are in the Lower
Mainland, as it should be. Well over half the population of the province
is in the Lower Mainland.
[2:55 p.m.]
If the Electoral Boundaries Commission was to come forward and
recommend adding the maximum number allowed, those additional six seats,
and take the Legislature up to 93, and if all six of those seats were
recommended to be put into the Lower Mainland, that would increase the
seat count in the Lower Mainland to 55. The Lower Mainland would have
almost 60 percent of the representation in this place. The point I’m
trying to make is that if that’s what the commission deems is fair to
ensure that the voices in these rapidly growing urban areas are not
diluted, then I can get on board with that.
What I have a problem with is the proposal in this bill that
doesn’t try to tiptoe around diluting the voice of the Interior and the
north and the Kootenays but actually directly attacks it, directly
removes the protections that are in place today to ensure that effective
representation of the people — the voices in the Interior, the north and
the Kootenays — remains. That, to me, is not fair.
Now, as I said a moment ago, equal does not mean equitable. The
principles of representation by population need to be balanced with that
concept of effective representation. The Attorney General, in bringing
forward this bill and making some public comments, has often said that
the protection that is currently in the act has made British Columbia an
outlier in this regard. He’s gone on to say most other provinces don’t
have these kinds of regions.
Well, that’s actually not true. That’s not true. Nova Scotia’s
commission, in their most recent go-around with this process, had a very
specific component to their mandate, which was to ensure effective
representation for Acadian, Black and Mi’kmaq populations in that
province. Alberta, Saskatchewan and Manitoba all have ridings in their
provinces, largely in the northern half of their provinces, that are
quite significant in size but have much less population in them than
you’re going to find in…. A northern Alberta riding will have far fewer
people living in it than you’re going to have in an Edmonton or Calgary
riding.
The federal government. If we look at the federal parliament,
greater Toronto should have quite a few more seats in the federal
parliament than it currently does. Alberta and our province here in
British Columbia should have more seats in the federal parliament than
we currently have. You can ask yourself the question: should Atlantic
Canada have as many seats as they have in the parliament? They’re
overrepresented when you look purely at the numbers.
The point I’m making is that these are the accommodations that
have been woven into the fabric of these other provinces and into our
national institution, recognizing that people in rural areas, people
that live in disparate, small communities, also have a right to
effective representation.
So much of the province’s wealth comes from the Interior,
the north and the Kootenays — forestry, mining, energy, gas, lots of
other industries. We need vibrant communities in these resource-rich
areas of our province, but these communities also need to have strong
voices and effective representation here in Victoria.
I worked in mining. In fact, I put myself through university
working for a company that, at the time, was called Placer Dome. I did
mineral exploration and diamond drilling. I drove all over the northern
half of the province for three summers in a row, one of the best jobs
I’ve ever had.
[S. Chandra Herbert in the chair.]
I did a lot of work in the Vanderhoof area, Fraser Lake, Smithers,
Stewart. Anyone who has travelled on Highway 37, the Stewart-Cassiar
Highway, from the Kitwanga junction on Highway 16 to the Yukon border….
Of course, it’s a spectacular drive into Stewart on Highway 37A. You
drive that 725 kilometres from the Kitwanga junction to the Yukon
border, and you go through a whole bunch of very small, disparate
communities.
[3:00 p.m.]
The proposal that’s on the table here would significantly dilute
the representation for those British Columbians. It’s disheartening to
think, if you actually live in those communities, where so much of the
collective wealth of this province is actually generated…. People who
live there see most of that wealth exported out of their communities,
out of those regions. Now, on top of this, we’re going to say: “Let’s
dilute their representation.”
In 2019, I took a trip, with the current Leader of the Opposition,
up the entire Highway 5 north of Kamloops. We stopped in communities all
the way up: in Barriere and Clearwater, Valemount and McBride — huge
travel distances. The number one issue we encountered everywhere we
went, the number one concern people raised, was the lack of access to
services, the lack of feeling heard in Victoria, notwithstanding how
hard their MLA — again, who is the Leader of the Opposition — up in that
Valemount-McBride area works and shows up. These people deserve to have
effective representation. This bill dilutes that.
As a former Transportation Minister for four years, one of the
aspects of the job that I enjoyed the most was getting out around the
province and visiting these communities. Sure, you’re announcing
projects and opening up projects, and that stuff is all fun. But the
real appreciation comes from going into these communities that you might
not have much history with and meeting the people, getting to know them,
getting to understand their issues.
Again, you realize that in all of these rural, small communities
scattered over huge travel distances, they really do struggle with
access to services, health care, housing, mental health, Internet. Heck,
you can be in a community like Clearwater. Sure, they have Internet
challenges, but before you get to the Internet, they still have huge
issues with their cellular service. So do so many communities around the
Interior and the north.
Highway maintenance is a big, big challenge in these rural areas.
I did a circle tour with my family back in August of 2014. We drove from
Kamloops to Victoria to Port Hardy, on the ferry to Bella Bella, to
Ocean Falls, into Shearwater and over to Bella Coola. We then drove to
Williams Lake and back to Kamloops. It was 1,934 kilometres, 32 hours of
travel time — one of the most spectacular drives and vacations that
we’ve ever done as a family.
Again, you stop all along the way, you talk to people, and you
realize how hard life is for so many people in these communities. That’s
not to say that life isn’t hard for people in urban centres either, but
it’s to say that these folks are already doing the best that they
possibly can, often having to drive hours upon hours to access health
care, hours and hours to access their MLA. This bill sets out to further
dilute that.
The bottom line, for me, is this. The impact of any potential
changes on my riding in Kamloops and the other Kamloops riding, the two
ridings I spoke of a little while ago, is likely to be minimal. We might
have some boundary changes around the edges. If the commission goes
ahead — because there’s no protection built into the bill — they very
well could say, for the Fraser-Nicola riding, which is immediately
southwest of my riding, that maybe the recommendation would be to merge
it into my riding.
That would not be good for the people of Fraser-Nicola, which is
already one of the largest ridings, with one of the most First Nations
communities of any riding in the province — very small communities. The
current act affords those protections for these ridings in the Interior,
the north and the Kootenays in the form of a very clear directive that
the Boundaries Commission must adhere to. It must be
followed.
[3:05 p.m.]
It’s a foundational principle that is basically saying to the
people in these areas of the province that they deserve effective
representation. You can’t accomplish effective representation by further
diluting their voices, making these ridings larger and making people
drive 800 kilometres to access services instead of 650 kilometres,
including accessing their MLA.
Bill 7 proposes to remove these protections. It means that people
in many constituencies like Cariboo North, Cariboo-Chilcotin, Peace
River North, Peace River South, North Coast, Nechako Lakes, Skeena,
Fraser-Nicola, Kootenay West, Nelson-Creston, Columbia
River–Revelstoke and Kootenay East potentially are going to end
up in much larger ridings, some as large European countries.
I don’t support removing this protection. I don’t support the
aspect of Bill 7, which facilitates the removal of this protection. I do
support adding more seats in the Lower Mainland — if that’s what the
Boundaries Commission decides to do, based on the significant population
growth that’s taking place there — but I believe rep by pop needs to be
balanced with effective representation. Equal does not mean equitable.
The decision by this government to remove the protections in place for
rural B.C. means supporting this Bill 7 is something that I’m going to
have a tough time doing.
J. Tegart: It is a pleasure to stand in the House today and represent the
constituents of Fraser-Nicola addressing Bill 7, the Electoral
Boundaries Act. This’ll be the second review of the electoral boundaries
during my term as MLA. During the last review, my riding boundaries
changed. I hear from many constituents in my riding that they feel like
they’re often the tail end of a riding. They’re tired of being switched
back and forth.
Constituents feel a very real connection with their MLA and with
their riding. That is obvious by the comments that they make when
changes happen. At one time, Ashcroft, Cache Creek and Clinton were
tacked onto Cariboo South. At the next review, we were back in
Fraser-Nicola. Hope has been in the riding, out of the riding and then
back in the riding at different times. Princeton, as a community, has
also been in Fraser-Nicola and is now out of Fraser-Nicola.
When we talk about democracy and the importance of voter
engagement, I think we need to remember how important stability and
consistency is in building the relationships we need to build with
constituents — in engaging them in the electoral process and in
democracy. Now, I understand it’s important to ensure that there is a
process to review electoral boundaries and ensure that they reflect
population growth. I think it is important to also ensure that
boundaries reflect equity in representation. Are constituents able to
contact, connect with and interact with their elected representative in
a relatively equal way around the province?
Bill 7 draws boundaries based on one criterion: population
numbers. Sounds pretty simple and pretty straightforward, but democracy,
representation, is often not simple. In my speech today, I want to put
some meat on the bone. I want to share some information with the House
about what it’s like to be an MLA in Fraser-Nicola. I begin my story
when I was elected in 2013. I drove a small compact car. I was over in
Merritt at an event. I didn’t want to use taxpayers’ dollars to stay
overnight. I was only an hour and a half away.
[3:10 p.m.]
I got in my car, and I started home at 10:30 at night. As I got
near the top of the mountain, I thought: “Wow, there sure are a lot of
bugs out here.” As I drove, I thought: “No, those aren’t bugs. That’s
snow.” I was dressed in business dress, high heels on — not prepared for
a snowstorm. When I found myself plowing snow with the front bumper of
my car, I thought: “You know what? I think I need to phone someone to
come and get me.”
I pulled over to the side of the road. No cell coverage. Still
snowing like crazy. It took me 4½ hours to drive home. I decided, during
those panicked hours in my probably first six months of representing
Fraser-Nicola, that the little compact car needed to be traded in for a
four-wheel drive. For the amount of time I spend in my car going out to
communities, that was one of the best decisions I’ve made.
For those of you who don’t experience some of the more rural
things, think about what weather does in some of the Interior and
northern ridings and how that affects representation and how we expect
people to come to us. During winter, that is often impossible. Then the
next thing we think: “Well, they can phone us.” Many of my people don’t
have phones and no cell coverage and no Internet.
When we talk about representation and equity across the province,
I think we need to think of much more than just numbers. As we drive
around the riding, I have one road that I travel very often between
Ashcroft and Merritt. I can tell you, driving home one night…. There is
a bear that will never forget the evening that he came into contact with
my CA and I. We have never driven that road without seeing wildlife.
That’s another thing you need to think about as we think about people
being on the road and driving to communities in order to meet with us so
that we can be an effective representative for them.
I want to tell you a little bit about the geography of
Fraser-Nicola. Stretching from north of 70 Mile House all the way to the
U.S. border in the south, as far east as the Shuswap regional district,
all the way to the Squamish-Lillooet regional district in the west, the
Fraser-Nicola riding is a large geographic area with a diverse
population — more than 31,000 square kilometres. Our region is larger
than Belgium. It is actually 3,000 to 4,000 times larger than some of
the ridings you will find in Vancouver, ridings like Vancouver–West
End.
I have Clinton, Lillooet, Cache Creek, Ashcroft, Lytton, Hope,
Merritt, Logan Lake. I have the Fraser Valley regional district, the
Squamish-Lillooet regional district, the Thompson-Nicola regional
district.
I have the Ashcroft Indian Band, the Oregon Jack Creek Band,
Lytton First Nation Band, Kanaka Bar Band, Siska Indian Band, Skuppah
Indian Band, Nicomen Indian Band, Cook’s Ferry Indian Band, Lower Nicola
Indian Band, Upper Nicola Indian Band, Coldwater Indian Band, Nooaitch
Indian Band, Shackan Indian Band, Skeetchestn Indian Band, Bonaparte
Indian Band, Canoe Creek, High Bar Indian band, Whispering Pines Indian
Band, Pavilion First Nations, Xaxli’p First Nation, to name a few. I
have over 30 First Nations communities in my riding.
I have four MPs who represent my riding.
[3:15 p.m.]
I would like to talk a little bit about representing a huge,
land-based riding, compared to, perhaps, the Chair’s compact,
high-population riding. My comments come from talking with colleagues
and listening to some of the challenges of the urban versus the rural
riding representation.
The issues I hear about in my riding are…. I try to meet with my
local government representatives at least once a year. So that’s eight
incorporated communities, three regional districts, four school
districts and over 30 First Nations chiefs and councils. Many are more
than 2½ hours’ drive from where I live. It is so important that MLAs
build relationships with local leaders to understand their issues. In a
compact riding, you may have one or two local governments to meet
with.
I also attend events, parades, swearing-in ceremonies,
celebrations throughout the ridings, and again, that involves travelling
to all those communities where they’re being hosted.
Health care is a challenge in my riding. Many of my communities
can’t find doctors. Many of my communities don’t have emergency rooms.
Many of my communities don’t have transit. Retention of doctors, nurses,
support services, emergency rooms…. Ambulance services, not only for
local citizens but for the travelling public, because every road into
the interior of British Columbia comes through my riding…. Basic
services are provided in my two largest communities, but everyone must
travel to a larger centre to receive any specialist services.
The further challenge is the lack of public transportation.
Keeping services open and available over weekends is a huge challenge
for many of my small communities. If the ER is closed, you must travel
at least an hour or two to the nearest hospital. We have minimal mental
health and addictions services. We talk about health care and the
challenges around health care on a weekly, if not daily,
basis.
Affordability is another issue in my riding. We are an
economically depressed area. Affordability is a huge issue, which is one
that I would share, likely, with the Chair. We talk about housing and
homelessness, family-supporting jobs and support services and seniors
housing, because our seniors have often been part of a family that is
third and fourth generation in our small communities. That’s where they
want to live, because they love where they live. But they also have an
expectation that they will have strong representation in this
House.
Agriculture is big in my riding. I’m not sure that that’s a huge
issue in the Chair’s riding, but we talk about transportation for
agriculture, talk about abattoirs, talk about farmers markets,
agricultural land reserve, insurance — which is very difficult to get
for crops — farm-to-table, drought and flooding, immigration and
immigrant workers, and wineries who are just developing and are looking
for support services.
In my riding, we host one of the largest open-pit mines in North
America — provides excellent jobs. But we meet often to talk about
permitting. We talk about environmental stewardship, competitiveness,
the longevity of the mine, shipping and transportation of goods.
When you have a mine as big as Highland Valley Copper, we talk about how
you plan for closure, because it’s going to have huge effect as we look
to the future. But we also have mining out in Bralorne, underground
mining. So we talk about mining.
[3:20 p.m.]
The next one we talk about is forestry — sustainability of
forestry and those jobs and how important forestry is to the history of
our riding and to the job creation in our riding.
We’ve had mill closures. We’ve seen the mountain pine beetle. We
talk about wildfires. We talk about annual allowable cuts. As I talk
about the issues and the opportunities that we have in our riding, I
hope you have, as members, an opportunity to think about how common the
issues are or perhaps how different they are and how that representation
is so important in this House, no matter which riding you
represent.
I have learned more about highways and roads than I ever wanted to
know. Every highway coming out of the Lower Mainland to go into the
Interior goes through my riding. The Coquihalla, the closures during the
winter, the incredible work done by the crews who keep that highway safe
and open. The Fraser Canyon I’ve talked about in this House many times
and the opportunities around the beauty of the drives through my riding.
But we also talk about potholes where you feel like you could bury your
car. We talk about slides and weather events and closures. Highways and
roads are not only important to my riding; they’re important to the
province.
Good representation and understanding of what happens when we have
a weather event, the ability to pick up a phone when someone phones you
and to know who to call…. Those crews are absolutely incredible, but
that’s part of representation. If I lived in Williams Lake and the
Coquihalla was mine — part of my riding — it would be incredible to have
such a huge area.
My colleague from Cariboo North talked about wildfire and
emergency management. We have all learned so much over the last five
years in regards to wildfires. We’ve seen flooding that we’ve never seen
in the last ten years. The water tables are so high. The flooding events
that used to be unusual have become a yearly event. As we talk about
climate change, we need to make sure that we start being proactive
rather than reactive.
But those are the kinds of things we talk about in my office. I
actually have two offices because my riding is so huge. I don’t want
people to have to be in a car for four hours to get to me.
First Nations relationships are incredibly important in my riding.
With over 30 bands, I spend a lot of time meeting and building
relationships with chiefs and councils. That is a key activity for an
MLA. I can’t imagine if we got bigger. We love to go to events at First
Nations communities, celebrating and participating in ceremonies and
special events, advocating and supporting the work being done at the
local, provincial and federal level.
[3:25 p.m.]
Education, economic development, job creation. I’ve shared in the
House a project that I’m so proud of in the Fraser Canyon. Our office is
a key component of that project, because when you represent so many
small communities, the capacity to actually carry a project is often
very difficult for them. They don’t have the staff. They don’t have the
ability to pull everyone together. So through my office and through a
partnership with First Nations, the village of Lytton and the chamber of
commerce, we’ve been able to put together a project that I believe is
going to make a significant difference through the Fraser
Canyon.
I can’t imagine, if we were bigger than we are, being able to take
on projects like that that will make such a difference to our small
businesses and our communities who have been devastated since the
Coquihalla was built.
I’ve tried to give you a taste of a day in the life of an MLA in a
large rural riding. It is a challenge. It is exciting. You get to see
some of the most beautiful country in British Columbia. I would say so.
We welcome the world in my riding.
The important thing is that constituents in my riding need to feel
valued. They need to feel valued by those of us who represent British
Columbia. When your riding is one of the ridings that gets changed every
time there’s a boundary review…. People in my riding feel like they’re
undervalued.
[R. Leonard in the chair.]
They are part of Fraser-Nicola. They identify with Fraser-Nicola.
Fraser-Nicola boundaries are there for a reason. They’re trade routes.
They’re tradition. I certainly don’t disagree that in fast-growing
ridings, we need to reassess and we need to look at representation. But
that doesn’t mean that we take away.
I have to say that I was very disappointed when Bill 7 was tabled
in this House. I’ve been particularly disappointed in the lack of
comment from members on the other side. I think this is a critical
debate about democracy. It goes to the heart of the work we do. I think
this bill is one of the most important bills that we will see as we talk
about representation in British Columbia. To have the other side not
even get up and speak….
There are a great many members who this is going to affect, and
this doesn’t just affect you. It affects those that you represent. We
have an obligation to be their voice. We have an obligation to ensure
that we reach out, that we listen and that we bring their voice to this
House.
Although I’ve heard reassurances that the commission has the right
to make the boundaries and do that sort of thing, I can tell you that
people in my riding are pretty concerned. When the one big thing Bill 7
does is take that protection out, that the Interior, north and the
Kootenays will have the same number of seats, it sends a message. It
sends a message to the people who live in my riding. It sends a message
to the people who live above Hope. We don’t live beyond Hope. We live
above Hope.
[3:30 p.m.]
I can tell you that our people will be passionate when they make
presentations to this commission, and many of their comments and much of
their concern and anxiety will come from removing that
protection.
That protection isn’t partisan. That protection is about
representation. That protection is so that people in large, rural
ridings have the opportunity to drive a reasonable distance to see their
MLA. When you think about a compact, 12-by-12 block riding versus a
riding like mine the size of Belgium…. We deal with slides. We deal with
weather. We deal with mountain passes. Then we expect people to get in a
car and come to an office and see us.
Well, I can tell you that as an MLA, it is me who is on the road,
because people in rural B.C. are tired of being told to come to the
centre. They want services and representation in their communities. If
we, as a House, don’t recognize that — and I believe that we send them a
message by taking that clause out — people in rural B.C. once again feel
undervalued.
So in my comments today, when you draw a boundary based solely on
population, you leave the heart out of our ridings. It’s the people,
right? It’s the people you represent. You need to ensure that people in
Metro feel that they have the strong ability to be represented, and
people at Anahim Lake need to feel that they have access to their MLA
also.
That clause there guaranteed that those ridings and the
constituency within those ridings did not get any bigger. I think that’s
a critical point. But I’d ask everyone in the House to really think
about what it’s like. When we talk about diversity and inclusion, and we
talk about how important democracy is, this is our opportunity to show
people that everyone counts.
Life in Fraser-Nicola is always interesting. It is an incredible
experience to represent a riding that is so huge but so different. So
many communities with unique challenges and opportunities. But I can
tell you: everyone that I meet in my riding values the representation
from this House.
I ask, as you look at Bill 7, to think about that and to really
think about what this bill does as we look at boundary review. Thank
you, Madam Chair. It’s been a pleasure to address this House.
Hon. N. Cullen: It’s a pleasure to be with you here today. I’m actually in
Victoria, strangely. I’m not often here, given these COVID
times.
I am speaking to you from the
Lək̓ʷəŋin̓əŋ-speaking peoples
territory.
I represent the beautiful and extremely large riding of Stikine in
our provincial Legislature.
[3:35 p.m.]
To my friend from across the way, from Fraser-Nicola…. She
lamented that not enough government speakers, MLAs, were speaking. I’d
say: “Careful what you wish for.” She also lamented the enormous size of
her riding, which is large, I suppose. But it is one-seventh the size of
Stikine, which is the largest riding in the Legislature.
I see my friend from North Coast joining us, whose riding is not
only very large as well — I think quite a bit larger than Fraser-Nicola
— but is also incredibly complicated to get around, given that North
Coast has many stunning communities up and down the north and into the
central coast that require all manner of transportation to get back and
forth and are always weather-dependent and include, of course, the
beautiful islands of Haida Gwaii.
I think to put things in context today, for my remarks, I consider
it an incredible honour and sometimes a challenge to represent rural and
remote communities in our Legislature. In fact, those of us that seek
office from rural British Columbia have this extra task in front of us
to help bring those voices to this Legislature and beyond to other
communities in the province and throughout Canada. What we are
challenged with here in this conversation is about those concepts of
balance and fairness and opportunity for the citizens that we seek to
represent as elected people, to make sure that they all have their
voices heard as effectively as possible.
Now, geography and location play a significant role in that, of
course. So, too, does the quality of the representatives that we send. I
say this because we have probably all had the experience of being
running for office, taking on an incumbent and hearing that they don’t
show up much, that they’re not present much, that they don’t come out to
our communities much, and visiting other ridings where we say: “Please,
get us a good representative, because the person we have right now —
from sometimes the Liberal party, sometimes others — doesn’t seem to
take their job as part of being here and present in our
communities.”
So geography matters. My friend from Fraser-Nicola talked about
the difficulty of having as much as a 2½-hour drive between her
communities. Well, I’d welcome her to join me on my 22-hour drive that I
am taking to Lower Post and Atlin a little later in this month. I don’t
lament it. I don’t ask anyone to feel sorry for me or expect to send me
cards of gratitude. That’s the job. That’s the job we sign up for: to
represent people. I consider that an incredible privilege.
Now, I know my Liberal colleagues across the way don’t mean to
sound like complainers, don’t mean to sound like they’ve got it
especially hard. But as I’ve been listening to the speeches today, it’s
leaving a strong impression that they are expecting condolence cards in
the mail for a job that they stuck their hand up for and said: “I want
to represent this riding and have the privilege of representing this
riding in the provincial legislature.”
What we’re dealing with here in Bill 7 is this opportunity every
decade in which we assign an independent commission to look at the
boundaries and the ridings and the maps and the communities and the
categories to make sure that our elections take place and elect people
from various regions of the province in the most fair way. It’s trying
to balance out — this commission, as other commissions have done in the
past — things like representation by population, which is a foundation
of our democracy and has been since, well, almost since we
began.
There was a long period of time, of course, in Canada and British
Columbia where it wasn’t representation by population, unless you
happened to be a white male. It was representation by other things.
We’ve since evolved somewhat through much struggle. Some of that
struggle came from people who represented the place that I now have the
privilege to represent. I’m thinking of Frank Calder and Larry Guno and
Frank Howard and others.
Now, Bill 7 lays out other important balancing parts of the
equation: effective representation. Effective representation can mean a
lot of things. The connection of geography, of culture and place, of
communities of history and context, so that people feel a part of
something and connected and don’t feel disconnected and placed into
ridings that just don’t make sense.
Now, we should say at the outset…. I have seen more than a few
electoral boundaries commissions in my time, both at the provincial and
federal level. It’s a challenging task we assign these three
individuals.
[3:40 p.m.]
There is no perfect map available. There is no perfect sequence
and orientation of the electoral maps of British Columbia that every
single British Columbian will be satisfied with. That’s fine. We’re not
looking for the perfect. We’re looking for the good and for the very
best that we can.
For those trying to understand who this commission is, it’s
important to know that one of the commissioners will be the Chief
Electoral Officer, which is appropriate. A second will be either a
judge, currently sitting, or former judge. The third will be somebody
who is recommended by the Speaker, in consultation with the Premier and
the Leader of the Official Opposition. A three-panel judge.
I would say, as a rural representative…. I know my friends from
Vernon-Monashee and North Coast would very much like to see the
possibility of having somebody with strong lived experiences, from rural
and small-town British Columbia, to be able to inform the commission of
the lived realities of people who do live in some of our smaller, more
remote communities, because of course, they’re different. Of course, the
challenges in representing people, especially in 2021 and going ahead,
are always multifold.
I have never been one…. I have represented rural populations in my
previous life as a Member of Parliament, with a much larger riding:
331,000 square kilometres. That was Skeena–Bulkley Valley. It still is
very ably represented by my friend Taylor Bachrach, the Member of
Parliament.
The riding of Stikine is just short of 200,000 square kilometres,
for those geographers playing along at home. It is challenging because
of the simple math and the driving and the difficulty of float planes
and trains and dogsled and skidoo and all sort of things that we use to
get around some of our more remote communities and the challenges of
weather and winter and all of those things. That is what we asked to do.
We asked to represent people in this way. Again, it’s an incredible
privilege.
Now, the riding I represent in Stikine is not just the largest
riding in British Columbia. It is also the riding with the lowest
population, just around 20,000 people. We have ridings in British
Columbia, of course, in the more densely populated urban parts, that
have three times that population.
This is what the commission will be tasked with under Bill 7: how
do you make sure, in the representation by population, that one British
Columbian’s vote is not worth four, five, six, seven times the value of
another British Columbian’s? That’s a real challenge and a question that
I know we get from people who live in the cities and the suburban areas
of this province. “Why is my vote worth that much less?” But when you
explain the challenges of what it is and the particular needs of those
living in rural British Columbia, I think there’s an understanding that
can be made — that it isn’t the same realities.
Are there challenges in representing very densely populated urban
ridings? Of course there are. The many, many cultural groups…. I know
MLAs and MPs who have 40, 50, 60 languages spoken within their
constituencies. That represents a different order of opportunity,
privilege and challenge.
Now, for us up in the northwest, we very much pride ourselves in
having our voices heard. We very much pride ourselves in electing people
to the best of their abilities that make sure that our interests are
discussed in places like the Legislature and the House of Commons and in
the general discourse of British Columbia. We have a long history of
electing people really good at making themselves heard — sometimes
elected to government, sometimes elected to opposition. But the
underlying point that I’ve seen most consistently — not always; I can
think of a few exceptions — is that we have presented fierce advocates.
People know where Skeena is. They know where North Coast is.
You used to know…. I’ll leave off any of the temptations towards
partisanship, because ideally, what we are talking about today is our
role as legislators, to make sure that we never, in any circumstance, do
what our American cousins, for example, do when it comes to dividing up
the electoral maps: inserting a heavy tone of partisanship.
For those unfamiliar, if you haven’t watched a good political
science movie, when Americans go to redraw their maps, it’s entirely
politically charged and sometimes racially charged, where maps are drawn
to exclude certain communities, push them out if they don’t vote a
certain way, if they don’t look a certain way, and then try to cobble
together either Republican or Democratic districts. The boundary
commissions are run by a Republican or Democrat, depending on who the
governor is, and so on and so forth. Canada doesn’t do that.
[3:45 p.m.]
Most Canadians don’t realize that important distinction. It’s an
incredibly important one, because regardless of who wins the election,
the game itself can’t be rigged. That’s why we have an independent
commission that does this. That’s why, as you go across Canada, there
are guidelines given to those commissions.
So 25 percent above the median population, 25 percent below gives
the commission some boundary as to how many people they’re trying to fit
into a riding. Considerations, as I said, about geography, demographics,
cultural, history connection are important — not dividing First Nations
communities, for example, not dividing cultural communities. The
commission is given all of these guidelines from which to paint the new
picture of British Columbia.
It’s done without politics, which is something that we should just
be so grateful for, because it allows us the opportunity to have the
discussion we need to have, which is: who could best represent us? Who
do we hope to speak on our behalf in the parliaments, in the
legislatures of this country to represent our views, regardless of their
political orientation?
Now, from my perspective, as somebody…. I can speak, as I said,
with some authority about this, representing now the largest riding in
the provincial map of B.C. and, formerly, one of the largest ridings in
all of Canada at the federal level. The effort has to be made by the
representatives. I hear my friends from the Liberals say: “We don’t want
our constituents always to have to drive 2½ hours to see us — 3½, 4½, 20
hours.” No kidding. That’s why we go out. That’s why we do the work.
This is not a job. This is a vocation. It’s a calling.
If there are members who lament the idea that they have to drive
an hour or an hour and a half down the road or they have three, four,
five communities that they have to try to represent and it feels too
hard, well, I hate to break it to you, but perhaps this isn’t the right
line of work. This line of work requires the effort of going to where
people live, to see and be with them in their communities — not
expecting them to drive the 2½ hours to see us in our office but going
out to their communities and living on the road and being on the road
and representing them that way.
We also, of course, know that these 18 months have shown us that
our ability to connect has changed over time. So 40, 50 years ago what
we’re doing here today was obviously impossible. Representing people
looked different. I knew people who served in this House and served in
the House of Commons who would travel down to Victoria or travel to
Ottawa, out of Stikine, out of Skeena, once a year. They would leave,
and they’d come back eight months later, after the Legislature was
finished. They’d do a little tour around, and then again, four months
later, they would train back to Ottawa or train back to
Victoria.
Things have changed. Our ability to connect has changed. I hope
the commission reflects that — on the need to make sure that we have
things like connectivity, the ability to have good cell service and
Wi-Fi and all those things that our B.C. NDP government has invested so
fiercely in over the last little while.
Now, the B.C. Liberals have a bit of a challenge in their
dialogue, because they want to pretend that they’re representing and
fiercely defending rural interests in opposing this legislation. But
they’re going to try to do that thing that politicians do that drives
people crazy. They’ll say one thing to rural British Columbians, for
example, and say something different when they’re in the city or in
Richmond or in Surrey. They’re going to say, “We don’t want any more
seats given to that big city down there,” when they’re talking in places
like — I don’t know — Kamloops or Prince George. But then, when they’re
going to make the speeches in Richmond and Surrey come next election,
they’ll say: “Of course, you deserve better and more
representation.”
Our population has grown by about half a million people since the
last time we did this. That requires us to consider effective
representation and, of course, the principle of representation by
population, because most of that half a million, all of us would
acknowledge, has concentrated itself mostly in the urban environments.
So what do we do about that? Well, we offered the commission the ability
to go up to as many as six additional seats.
Now certainly, some of my colleagues from across the way are going
to cry about that. Well, cool your jets. Under the Liberal watch, just
two commissions ago, they offered the exact same thing to the
commission: to consider adding more seats to the Legislature — the exact
same number, in fact. Let’s put that to the side.
If what we’re trying to do is make sure there’s an element of
fairness in our electoral boundaries, in what it is when a voter goes in
to vote, and that their vote doesn’t count for one-fifth, one-sixth,
one-seventh of what a vote might count for in other districts, then of
course, allowing for more seats to go into those areas that have
experienced that rapid population growth is something that the
boundaries commission should and will consider.
[3:50 p.m.]
But we’re not telling them to do that. Again, back to the critical
element, the foundational principle of independence so that these wise
minds that we elect…. We gather, we select two of them from the
commissioner of electoral B.C. So there’s a retired or current sitting
judge and then an independent commissioner, which can hopefully
represent the views that are represented here.
This is also for Liberal colleagues that wish to “talk out the
clock,” try to delay this, try to block this. We are on the clock,
friends. By statute and by law, we need to put this thing together so
that Elections B.C. can get back a report and so that this commission,
in fact, first can go out and be in our communities and listen to our
communities, hopefully in the flesh and blood. Hopefully restrictions
will be lifted by the time this commission is struck and ready to go and
do its consultation and that they can visit our communities,
particularly in rural British Columbia.
I’m sure they will, because that’s what commissions have always
done: hear from people, present some options for the maps, get six
months of feedback and then present something to the Legislature from
the Electoral Boundaries Commission as their final report. Then
Elections B.C. can run, so we’re in time for the next election in
I hope nobody, in their opposition, tries to represent this as
being fast-tracked or anything like that, because our obligation as
legislators is to make sure that our independent elections commission
has the opportunity and time, first of all, to engage meaningfully with
British Columbians from all walks of life — urban and rural, rich and
poor — so that they can hear what people are hoping for from their
democratic representation and that they can try to put together the best
maps available, draw the lines as best as they can.
Again, there’s no perfect science. It’s little bit art, a little
bit science, so that when we can come back we can know that the next
election will be run fairly and that these principles of effective
representation, of representation by population, are able to be
done.
Now, I rarely — I hope you can tell in the tone of my remarks —
ask anyone for any kind of, I don’t know, special status because I have
represented and now represent such a large place or that anyone should
feel bad for me in any kind of way, because I consider the opportunity
to represent a place like Stikine an incredible privilege — one of the
greatest privileges of my life.
In fact, that drive, that getting to the feast halls, that getting
to the communities, the remotes — the Telegraph Creeks, the Atlins, the
Stewarts and the Dease Lakes — that’s part of what gives me the fabric
of how I try to represent people, those long drives, understanding what
their realities are.
Now, the fearmongering I’ve heard from some of my colleagues in
the media when talking about this bill is actually distasteful. Here
they are, some of my B.C. Liberal colleagues, out saying: “They’re going
to merge seats into these mega-massive seats that are going to be huge
and enormous.”
First of all, none of them could be bigger than the riding I
represented as a federal MP. Secondly, the idea of six additional seats,
as I mentioned before, was the hope for concentration and looking at
where population has grown significantly.
By the way, all of the demographics show us that the population is
going to continue to grow dramatically over the next ten years. Whenever
you’re doing one of these commissions, they will, of course, look at the
current state, the current census, who lives where, how many communities
of affiliation, culture and orientation and all of that. They will also
look at projections. They will talk to demographers and say: “What’s
happening in Vernon-Monashee? What’s happening in Vancouver? What’s
going to be happening in the Shuswap over the next five to ten years?”
Because this is about anticipating what comes next.
Now, I would say this. The raw numbers are true. We’ve seen, over
generations, the urbanization of the Canadian population. British
Columbia has not been immune to that. We’ve seen greater populations
growing. We’ve seen significant immigrant communities finding and
locating themselves in homes in some of our larger cities — suburban
places, as well. We have noticed, and the statistics are starting to
show this. I hope the commission — I’m sure it will; these are smart
people — is starting to looking at some of the new demographic
trends.
Some of them existed prior to COVID and have been accelerated in
the last 18 months. That’s the trend of young families, in particular,
moving to remote, rural British Columbia. We’ve noticed this in the
Hazeltons and Smithers and other communities that I represent. I know,
for some of my friends in the Interior, we’ve seen new-found pressures
on housing and new interests in living in places that are stunning and
beautiful.
[3:55 p.m.]
Because we’ve made investments in things like high-speed internet
and better cell service, people are able, if they can through their
work, to stay connected to jobs that didn’t even exist ten years ago and
certainly were a little bit dodgy in terms of connection five years
ago.
We’re seeing an increasing number of young families move into my
region. It is an incredibly hopeful thing. It comes with its challenges,
of course, moving and creating more housing stock and trying to make
sure that things stay affordable. Our government has invested millions
upon millions of dollars in trying to create more affordable housing.
This is important and something we’ll continue to do.
So the story of the urbanization of Canada, the story of the
urbanization of British Columbia is one that we always have to follow in
terms of the actual raw numbers. I’m proud because I think the quality
of life that we offer in rural British Columbia is
incredible.
I grew up in a very large city. I left it kind of as soon as I
could, as soon as I was legally able to, and found that the community
connections that I loved in the city, the small neighbourhoods and
communities of affiliation, existed in all sorts of new and important
ways in rural British Columbia.
Ever since coming and having my family be raised in Smithers,
B.C., in Wet’suwet’en territory where I came from, I have been a fierce
advocate to my urban friends that there are other ways to live. The
800-square-foot apartment that you paid far too much for can look a lot
different — a little bit more breathable — in some of our smaller
communities. And we have excellent health care that we are investing in
more and more.
I think there’s an important point in this dialogue — and some of
my Liberal colleagues have raised this, and I know some of my NDP
friends as well — that the resources and the wealth of this province are
predominantly in rural British Columbia. The extractive resources, the
renewable resources — a lot of the innovation that we do. It is also a
place where reconciliation has the greatest and some of the strongest
opportunities for manifestation.
We’re seeing that. I was just in dialogue with the Tahltan
leadership last week, which come from the further north part of the
riding I represent. The Taku River Tlingit, the Kaska Dena — we’re
headed there in a short little while up to Lower Post.
I’m sure all of my colleagues and those listening would be
interested because, of course, in Lower Post, as my friend from Nechako
knows, there’s a residential school, a place of incredible horror and
abuse for generations of Kaska Dena, Taku River Tlingit people, Tahltan
people and others, that the federal government, for many, many years,
said should serve as their municipal office, their post office, the
place that people have to go in and out of to work and to get basic
services for many years. The Kaska Dena, in particular, said: “This is
just a constant re-traumatizationof our people to have to walk into that
building.”
Just recently, it was with incredible emotion and pride that I got
to attend a virtual ceremony with the Premier and the Minister of
Indigenous Relations and Reconciliation and the MP, Taylor Bachrach, and
the leadership from Kaska Dena, from Taku River Tlingit and from the
Tahltan to announce that we had received enough funding from the feds to
finally knock that building down and to build them a proper building
that is not a source of retraumatization and re-scarring.
But the principle of representing rural B.C. proudly, strongly and
without excuse or without pretence, I think, is important for all of us
that come from rural B.C. We’re not complainers. We’re hard workers that
come from the north and from the Interior. We’re proud of where we live.
We want our voices heard. These are all understandable
things.
[N. Letnick in the chair.]
We want governments to understand and appreciate the particular
realities of what it is to live in rural British Columbia. That is not
an unrealistic expectation and hope. We’re not blind to the fact the
vast majority of British Columbians, of Canadians, are huddled along the
southern border in often very large cities and that the basic math of
how our democracy works is that cities get very strong representation
from those urban centres, as is also right. It’s not a zero-sum game
that wants to be played.
I caution my friends across the way of trying to pit rural British
Columbia against urban B.C. We need the both. It’s what makes us
beautiful and strong as a province. The vitality of our cities, the
cultural experience, the business acumen and the ability to be the
gateways to the world that we want are vital to have strong and
strengthening, constantly renewing urban environments.
[4:00 p.m.]
And we need the delivery of services. The respect and
understanding of rural British Columbia, regardless of our political
orientation. This should be something that unifies us.
When we’re looking at things like representation, electoral
representation…. I was one who was a fan of a more proportional voting
system, which I think makes each vote more effective. While that dream
is not active right now, it will come again.
It makes sense that every vote counts, that every vote has some
effect on the outcome. What a strange and radical notion that is. The
fact that most of the world has moved that way still seems like an
affront to my conservative colleagues across the way. It’s strange. It’s
a weak form of gerrymandering, if you ever saw one, in a
first-past-the-post system, but it’s what we’ve got.
In this opportunity, we have this ability to make sure that our
legislation is respectful, not partisan and independent. We put some
guidelines and some banks on the river. We put forward eminent people
who understand things like demographics, understand things like the law
and effective representation. We say: “Go forth. Consult with British
Columbians in a meaningful way. Consult with Indigenous leadership in a
meaningful way. Cultural communities. Business communities. Understand
what it is that people are hoping for.”
In my experience, when we talk to people about voting systems or
electoral boundaries, we’re not really talking just about those specific
things. We’re talking about the essence and the heart of our
democracy.
All it is, is an expression of hope. When a Canadian goes into a
ballot box and makes their mark on the page, they’re hoping for good
representation. They’re hoping to send people forth who can speak
loudly, speak with integrity and not represent just their party or their
personal interest but represent their communities, represent their
voices.
Are there challenges in representing rural British Columbia? Of
course there are. Of course the drives are long, and the traffic can
be…. Well, the traffic is not bad. The roads can be sometimes bad. Bad
weather. Flying in and out can be a challenge.
Again, you know, buck up. This is the job. Nobody putting their
hand up to run in rural British Columbia thought it was going to be a
15-minute bike ride across their riding. Otherwise, they don’t know how
to read a map. While that can be a challenge sometimes, it’s also an
enormous opportunity to really understand how the world works for many
British Columbians that are not in the urban centres.
We do it proudly. We do it with humility. We make sure that we’re
always raising the voice of rural B.C. regardless of our political
representation.
Now to the people that I represent. Yeah. Of course sometimes they
say: “What’s happening? Why did this city get this, and why did this
city get that?” Forever that will be the conversation. That’s okay.
That’s okay. I have to always be able to come back to them and say:
“When we invested here in Stikine and here and here and here, it was to
make sure that Stikine was stronger, that we were investing in ways to
make our communities more connected, more together, more
fair.”
My argument has always been that it’s not just about our
communities in Stikine. It’s about the entire province. When we put in
interconnectivity, when we make sure that the resource extraction
economics are done well and done fairly, as we’re doing in the forest
renewal plan, that’s to help out communities not just where we live in
the forest sectors but right across British Columbia. We know so many
rents and revenues go down to the city and help build those cities up as
well. We’re proud of that. We’re not going to begrudge it. We’re not
going to ask anyone for some great sympathy.
The last thing I’ll say…. This is important. It is written into
this act, and it’s critically important for me. Approximately 40 percent
of the riding I represent is First Nations: Wet’suwet’en, Gitxsan, all
the way through to Tahltan, Taku River Tlingit, Kaska Dena. It is one of
the relationships that I hold most sacred. I feel so incredibly
privileged for the lessons and the learning and the patience which the
leadership from those communities has given me over the
years.
I want to say to colleagues and to the commission, when it forms
itself, to understand these communities as best as you can — their
histories, their connectivity to each other. We have seen, at times,
boundaries commissions undervalue that.
Our government was the first in North America to bring in the
declaration on the rights of Indigenous Peoples. It must be manifest
across all of our legislation that’s brought into the House, and it’s
being manifest through more and more of our government policy as we go
along. It should apply here too, and it will.
This is important. There are many Indigenous, especially young
people, that look at the state of our politics sometimes and say: “Why
should I bother voting?” Making sure that we hear their voices and hear
their hopes and desires for the future in this process, in particular,
and throughout all that we do is essential.
Thank you very much, Mr. Speaker, for the time, and to colleagues
for your attention. Good luck to us all as we try to represent those we
were elected to do.
[4:05 p.m.]
J. Sturdy: I am pleased to take my place in the continued debate on Bill 7, a
piece of legislation that may well, in fact — no, will — have profound
implications for the future of how British Columbians are represented in
this chamber.
We all understand the need to review and amend boundaries after
every other general election. The interval, in this case, was
foreshortened due to the opportunistic and predatory snap election.
Normally speaking, a three-person, independent, non-partisan Electoral
Boundaries Commission is established.
They’re tasked to look at the current electoral boundaries and
propose changes to the areas, boundaries and names of the electoral
districts in British Columbia. Clearly, this is needed to keep up with
the changing demographics and regional circumstances, population growth
and communities of interest but, importantly, within a framework and a
terms of reference that are set by this House.
While appointing the commission may be routine — as I say, every
other election and, in this case, slightly prematurely — the changes
proposed in this legislation before us are not routine, as the clear
intention of government is to remove the protections that have been put
in place to ensure that rural British Columbia remains well represented
in our Legislature, even as the voices of those constituents are already
being overshadowed by growth in the urban parts of the
province.
Specifically, this bill seeks to remove the existing statutory
protection in three regions: Cariboo-Thompson, Columbia-Kootenay and the
north. Well, that sounds so innocuous, doesn’t it? Three regions, just
three regions. But the reality is that these three regions comprise the
majority of the land base in this province. The effect of this
legislation will be a real reduction in the representation in this
Legislature for the people who live and work in what is the majority of
the land base of British Columbia.
It’s well understood and appreciated that because of population
growth in urban areas, principally on the south coast…. This growth has
been sustained and rapid and increasingly will dwarf the rest of British
Columbia. This is a fact. This is the reality now. That will likely be
the case forevermore, notwithstanding the comments of the member for
Stikine.
That’s why it’s so important that we preserve and protect the
voices of those who live and work and raise their families outside of
urban British Columbia. This government appears to be dismissive of the
issues that are created by collapsing ridings and silencing voices
through barriers to access. This House must be cognizant of this issue
and must provide guidance to the Electoral Boundaries Commission to make
sure that the electoral boundaries of this province are drawn in such a
way as to provide every British Columbian with effective
representation.
The question is: should the bulk of the land base of this province
and the people who live on it have an ever-diminishing say in what
happens in the place that they live? Effective representation is not
simply about the equity of population. A 2015 electoral commission
report suggests that factors like geography, community history,
community interests and minority representation should be taken into
account when deciding how to draw electoral boundaries.
We agree. But we believe that in order for the commission to feel
unconstrained by conventional deviation limits, they need guidance and
support in making recommendations that recognize the unique nature of
this province and the vast territory and sparse populations that will be
impacted if government gets its way.
[4:10 p.m.]
I did, in the past, have the need to represent to a federal
boundaries commission. As the mayor of Pemberton, I presented back in
2010 or so. At that time, federally Pemberton was part of the riding in
Chilliwack. Frankly, it was a dysfunctional situation. Pemberton’s
orientation and community of interest is within the Sea to Sky, rather
than the Fraser Valley. Arguably, at the time, you couldn’t even get
there from here, certainly not without traversing dozens of other
ridings. It made little sense, but that was the decision of the boundary
commission of the day.
However, it does highlight and speaks very much to the issues of
community of interest and recognition that geography has a profound
impact on effective representation. Our current electoral boundaries in
much of rural British Columbia recognize the unique circumstances of
these places and the reality that while they may not have as large a
population as other ridings, it would not be possible to provide
adequate and timely representation if the boundaries were expanded to
reach the proposed electoral quotient.
In my riding of West Vancouver–Sea to Sky, due to our population
growth, it’s not likely that we’ll see major changes. But I certainly
appreciate the challenges that many of my rural colleagues face. West
Vancouver–Sea to Sky is 10,000 square kilometres; my colleague, West
Vancouver–Capilano, 72 square kilometres. She could probably walk across
the riding several times before I could drive across mine.
I live in Pemberton, which by road is somewhat in the middle of
the riding. The road network is actually a big U around the mountains of
Garibaldi Park. But Pemberton is still hours away from the office in
Horseshoe Bay and many more hours away from Harrison Lake and Twenty
Mile Bay, which is the southeastern boundary of West Van–Sea to Sky.
It’s really hard to think of a more diverse set of circumstances, and
it’s a comparatively small, in a provincial context, riding.
The residents of West Vancouver — of Gleneagles, Eagle Harbour, of
Caulfeild and Cypress — have little in common in their daily lives with
the people who live in N’Quatqua or Samahquam or Tipella or Skatin. Many
constituents in the eastern portion of the riding have no — or often
unreliable, and certainly expensive — Internet services, and access
roads are long and gravelled and sometimes, frankly,
underwater.
It’s hard for urban residents to appreciate the impact of
hour-long school bus rides either way, on logging roads in river
valleys, skirting the edge of a lake, which drops precipitously 800 feet
into a murky canyon. But those are exactly the circumstances of some of
the First Nation communities in West Vancouver–Sea to Sky, let alone the
circumstances across the vast north.
These people are tied to the land in a way that most of us cannot
at all appreciate. They often face economically precarious situations.
Access to health care may involve flying in doctors, and education
opportunities are limited. Even as they live, in my case, relatively
close to Metro Vancouver — as the crow flies, it’s just a jump across
the mountain — in reality, it’s a world away.
A large percentage of First Nations communities across British
Columbia, and certainly in the central part of the province and the
north, are located in regions that are far larger and far more isolated
than the Stl’atl’imx. Many communities and residents across the Interior
are far more remote yet are set to have statutory protections dismantled
and removed.
Some 30 percent of First Nations in British Columbia live in the
north and the Cariboo-Thompson region. This House needs to ensure that
they also have proper access to the representation they are entitled to.
I believe it’s important to maintain a system that makes sure that
communities with such varying needs can be effectively represented in
our Legislature.
[4:15 p.m.]
I know the challenge of representing a riding like West
Vancouver–Sea to Sky. But the idea that Peace River North — which is 16
times the size of West Vancouver–Sea to Sky, which is, in turn, 150
times the size of West Vancouver–Capilano, yet it has a fraction of the
population of either of those ridings — would be collapsed and combined
with a riding like Stikine…. It would then comprise a riding of almost
half the physical province and would still have less population than
West Vancouver–Sea to Sky. It’s crazy to think that this could be the
outcome of Bill 7, which will remove rural riding
protections.
Of course, that’s not to say that we don’t need to add seats.
Regions with growing populations must be properly represented. We know
the Lower Mainland and the Fraser Valley have seen significant growth,
as have other, essentially urban, areas of the province. Electoral
boundaries will need adjustment to accommodate this growth. That will
mean new ridings and more seats in these rapidly growing
places.
The ability for MLAs to connect to constituents is vital to an
effective democracy. The sheer size of some of the existing ridings are
already a barrier to British Columbians having access to the
representation they need and are entitled to. The fact that they are
sparsely populated should not be used as an excuse to further diminish
their voices.
The majority of the land base in B.C., with its relatively small
population, has the potential to be marginalized. We need to protect and
enhance, not diminish and weaken, the connection between those electors
and their elected officials and their place in the
Legislature.
This House must continue to provide specific limitations and
direct the boundary commission to not reduce the already small number of
rural seats and undermine the representation of people whose voices are
already being dwarfed by the rapidly growing urban population of British
Columbia.
Frankly, it’s hard not to be too cynical about the motivation of
this government. I’m very disappointed in the government members who
represent some of these very ridings whose constituents’ voices will be
diminished, as those members know exactly of what I speak.
It’s a shame that these government members are so cowed by the
caucus whip and the power of the Premier’s office that they are willing
to defend — and in fact, support — the dilution of the voice of the
rural constituents, which is exactly what the previous speaker, the
member for Stikine, just did. I expect that if any further government
members choose to stand up and speak, they will do the same: defend the
dilution of the rural voice. Indeed, it is a shame.
Rural perspectives are important to all British Columbians. The
voices of families from across the bulk of this vast province must be
maintained amid the growing dominance of urban British Columbia. This
legislation will have a chilling effect, and I ask this House to
recognize this fact and act.
Hon. M. Rankin: It’s an honour to stand in this place and represent the people of
Oak Bay–Gordon Head. I do so today with pride, talking about Bill 7,
which would purport to amend the Electoral Boundaries Commission
legislation by some significant changes — changes which, I will argue,
are required by the law.
My road map today for this presentation to the House would be to,
first of all, talk about how we got here: the Charter of Rights and
Freedoms, which provides, in
section 3, a guarantee of a right to vote,
and how that’s been interpreted by the courts. I’ll talk a little bit
about that, and then I’ll examine the changes that Bill 7 would bring to
the existing Electoral Boundaries Commission Act.
I’ll then examine some of the criticisms that we’ve heard from
opposition members to this initiative. Then, finally, I will talk about
the implications of the United Nations declaration on the rights of
Indigenous Peoples, which this House unanimously supported in the
past.
We had, just in terms of history, a watershed moment in 1982. This
country decided to adopt a written constitution. We’ve had one in the
past under the BNA Act, but we ended up deciding that we would entrench
Charter rights and freedoms for Canadians. That changed everything. Ask
any lawyer. One thing it did was entrench the right to vote.
[4:20 p.m.]
It didn’t say what that meant, but in a democracy, they said the
courts will pour meaning into that. They said that our constitution
should be seen as a living tree, and we should see how the world evolves
and pour meaning into those rather vague words going forward. That’s, of
course, what the courts have done.
As members have noted, after every two elections, there has to be
one of these commissions so that politicians don’t decide what the
boundaries of their ridings are, their constituencies are, but rather an
independent commission — an independent commission made up of a judge or
a retired judge, the Chief Electoral Officer and someone selected by the
Speaker. That has been around for a long, long time. It’s a guarantee in
our system that an independent commission would have the discretion,
have the independence, to do what politicians should not be allowed to
do.
Anyone who studied the United States and looked up on Wikipedia
the word “gerrymander” — or, indeed, to be closer to British Columbia,
remembers Gracie’s finger — will know why we need to have an electoral
boundary commission to do that critically important work. It’s the basis
of a democracy, and I’ll come to that in a moment.
The notion that there is one person, one vote, in general, makes
sense. Most people say: “Why should my vote be worth less because I live
in Surrey than if I live in the Stikine? Is that fair?” The court have
said yes, it can be fair, that there can be a deviation from
representation by population if it’s not too gross a
deviation.
Under this legislation and, as I will say, grounded in the case
law, the deviation the courts have been permitted in this country — it’s
been more aggressive in other countries — is 25 percent, plus or minus.
That deviation from equality of representation has been seen as
something we can tolerate and still pay homage and put meat on the bones
of the notion that we’re all equal in this province. Our vote should
count the same but within the necessary deviation that the courts have
permitted.
Let me go through a bit of a history lesson. The Charter in 1982.
In 1988, in our province, Mr. Justice Thomas Fisher was a commissioner
for one of these boundary commissions, the kind of which we’re here to
talk about. After a very thoughtful analysis, Justice Fisher said this:
“The plus or minus 25 percent range is the limit to which the other
representational claims may legitimately modify the principle of one
person, one vote.” Let me say that again: 25 percent, plus or minus, is
the range to which other representational claims may legitimately modify
the one person, one vote principle.
A couple years later, in 1989, the Supreme Court of British
Columbia had a chance to look at this. They, in a case called Dixon
v. British Columbia , took a hard look at British Columbia’s
electoral map. I just want to tell you the extremes that were
contemplated there to show you how far we have come.
The court talked about the electoral district of Atlin. Now,
you’ll know that isn’t around anymore, but you’ll know where it is — in
the northwest part of our province. The court said that at the extremes
in British Columbia, the electoral district of Atlin was 86.8 percent
below the equal population norm, while the district of Surrey-Newton was
63.2 percent above the norm, for a total variation of 149.7 percent.
That is not atypical.
The court goes on to say that in Canada, federal ridings are based
on a permitted deviation of 25 percent. I was surprised to learn that in
other countries, like Australia, 10 percent is the maximum that they’re
allowed to deviate from the principle of equality. So the court went on
and said that the electoral map in British Columbia was invalid. It was
contrary to
section 3 of the Charter — the right to vote, the equality —
and was not saved by
section 1. The boundaries were
unconstitutional.
It’s a very big principle, because a court struck down the map. We
don’t want to have that happen here. We want an electoral boundary
commission that’s guided by principles and not by anything that is
political in nature. I think that’s what the courts are trying to say.
Equality of voting power, the court said, is the single most important
factor, but we recognize we can’t have absolute equality in the real
world, so we’re allowing you to deviate on certain
principles.
[4:25 p.m.]
What are those principles? There has to be a valid factor, not
just because one particular party does better in this poll versus that
poll so we’ll add it — did I mention Gracie’s finger? — in order to help
a particular government of the day. The court said: “Only those
deviations should be admitted which can be justified on the ground that
they contribute to better government of the populace as a whole, giving
due weight to regional issues within the populace and geographical
factors within the territory governed.” Geographic considerations
affecting the servicing of a riding and regional interests meriting
representation may fall into the category and be justifiable.
Just to fast forward. That is precisely, as I’ll come to, what is
in Bill 7. Twenty-five percent? Right there enshrined in the statute.
Constitutionally, it seems necessary in any event. The factors that
would justif