British Columbia Hansard — 8 October 2019, a.m., Issue 270 (41st Parliament, 4th Session)

20191008am-Hansard-n270

British Columbia — Debates (Hansard)

Fourth Session, 41st Parliament OFFICIAL REPORT OF DEBATES (HANSARD) Tuesday, October 8, 2019 Morning Sitting Issue No. 270 THE HONOURABLE DARRYL PLECAS, SPEAKER ISSN 1499-2175

PROVINCE OF BRITISH COLUMBIA (Entered Confederation July 20, 1871) LIEUTENANT-GOVERNOR Her Honour the Honourable Janet Austin, OBC Fourth Session, 41st Parliament SPEAKER OF THE LEGISLATIVE ASSEMBLY Honourable Darryl Plecas EXECUTIVE COUNCIL Premier and President of the Executive Council ............................................................................................................... Hon. John Horgan Deputy Premier and Minister of Finance............................................................................................................................Hon.

Carole James Minister of Advanced Education, Skills and Training..................................................................................................... Hon. Melanie Mark Minister of Agriculture.........................................................................................................................................................Hon. Lana Popham Attorney General.................................................................................................................................................................Hon.

David Eby, QC Minister of Children and Family Development ............................................................................................................ Hon. Katrine Conroy Minister of State for Child Care...................................................................................................................................... Hon. Katrina Chen Minister of Education ............................................................................................................................................................ Hon.

Rob Fleming Minister of Energy, Mines and Petroleum Resources ...............................................................................................Hon. Michelle Mungall Minister of Environment and Climate Change Strategy............................................................................................. Hon. George Heyman Minister of Forests, Lands, Natural Resource Operations and Rural Development ..............................................Hon.

Doug Donaldson Minister of Health .....................................................................................................................................................................Hon. Adrian Dix Minister of Indigenous Relations and Reconciliation ......................................................................................................... Hon. Scott Fraser Minister of Jobs, Trade and Technology............................................................................................................................ Hon.

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

Judy Darcy Minister of Municipal Affairs and Housing and Minister of Citizens’ Services ...................................................... Hon. Selina Robinson Minister of Public Safety and Solicitor General ........................................................................................................... Hon. Mike Farnworth Minister of Social Development and Poverty Reduction..............................................................................................Hon.

Shane Simpson Minister of Tourism, Arts and Culture.....................................................................................................................................Hon. Lisa Beare Minister of Transportation and Infrastructure................................................................................................................ Hon.

Claire Trevena LEGISLATIVE ASSEMBLY Leader of the Official Opposition................................................................................................................................Andrew Wilkinson, QC Leader of the Third Party ....................................................................................................................................................Dr. Andrew Weaver Deputy Speaker................................................................................................................................................................................

Raj Chouhan Assistant Deputy Speaker................................................................................................................................................................... Joan Isaacs Deputy Chair, Committee of the Whole ................................................................................................................ Spencer Chandra Herbert Acting Clerk of the Legislative Assembly...............................................................................................................................

Kate Ryan-Lloyd Clerk Assistant — Committees and Interparliamentary Relations ..........................................................................................Susan Sourial Sessional Law Clerk...............................................................................................................................................Loredana Catalli-Sonier, QC Parliamentary Counsel ...................................................................................................................................................................... S.

Suzie Seo Acting Sergeant-at-Arms..................................................................................................................................................................Greg Nelson

ALPHABETICAL LIST OF MEMBERS Ashton, Dan (BC Liberal) ........................................................................ Penticton Bains, Hon. Harry (NDP)...............................................................Surrey-Newton Barnett, Donna (BC Liberal) ................................................... Cariboo-Chilcotin Beare, Hon. Lisa (NDP).............................................Maple Ridge–Pitt Meadows Begg, Garry (NDP) ..................................................................... Surrey-Guildford Bernier, Mike (BC Liberal) .......................................................

Peace River South Bond, Shirley (BC Liberal)......................................... Prince George–Valemount Brar, Jagrup (NDP)..................................................................... Surrey-Fleetwood Cadieux, Stephanie (BC Liberal)....................................................... Surrey South Chandra Herbert, Spencer (NDP) ..................................... Vancouver–West End Chen, Hon. Katrina (NDP).....................................................Burnaby-Lougheed Chouhan, Raj (NDP) ............................................................... Burnaby-Edmonds Chow, Hon.

George (NDP)............................................... Vancouver-Fraserview Clovechok, Doug (BC Liberal) ................................ Columbia River–Revelstoke Coleman, Rich (BC Liberal) ...............................................................Langley East Conroy, Hon. Katrine (NDP)......................................................... Kootenay West Darcy, Hon.

Judy (NDP) ............................................................New Westminster Davies, Dan (BC Liberal) ..........................................................Peace River North de Jong, Michael, QC (BC Liberal) ............................................ Abbotsford West Dean, Mitzi (NDP)...............................................................Esquimalt-Metchosin D’Eith, Bob (NDP) ...............................................................Maple Ridge–Mission Dix, Hon. Adrian (NDP)......................................................Vancouver-Kingsway Donaldson, Hon.

Doug (NDP).....................................................................Stikine Eby, Hon. David, QC (NDP)............................................. Vancouver–Point Grey Elmore, Mable (NDP)....................................................... Vancouver-Kensington Farnworth, Hon. Mike (NDP) ...................................................... Port Coquitlam Fleming, Hon. Rob (NDP) .....................................................Victoria–Swan Lake Foster, Eric (BC Liberal)........................................................... Vernon-Monashee Fraser, Hon.

Scott (NDP) ................................................ Mid Island–Pacific Rim Furstenau, Sonia (BC Green Party) ........................................... Cowichan Valley Gibson, Simon (BC Liberal) ................................................. Abbotsford-Mission Glumac, Rick (NDP)........................................................Port Moody–Coquitlam Heyman, Hon. George (NDP) .............................................. Vancouver-Fairview Horgan, Hon. John (NDP) ...............................................

Langford–Juan de Fuca Hunt, Marvin (BC Liberal) .......................................................Surrey-Cloverdale Isaacs, Joan (BC Liberal) .........................................Coquitlam–Burke Mountain James, Hon. Carole (NDP)...................................................Victoria–Beacon Hill Johal, Jas (BC Liberal)...............................................

Richmond-Queensborough Kahlon, Ravi (NDP)..............................................................................Delta North Kang, Anne (NDP)..................................................................Burnaby–Deer Lake Kyllo, Greg (BC Liberal)............................................................................ Shuswap Larson, Linda (BC Liberal) .............................................Boundary-Similkameen Lee, Michael (BC Liberal) ......................................................

Vancouver-Langara Leonard, Ronna-Rae (NDP) ....................................................Courtenay-Comox Letnick, Norm (BC Liberal)............................................Kelowna–Lake Country Ma, Bowinn (NDP) ................................................... North Vancouver–Lonsdale Malcolmson, Sheila (NDP) .......................................................................Nanaimo Mark, Hon. Melanie (NDP) ..................................... Vancouver–Mount Pleasant Martin, John (BC Liberal)......................................................................

Chilliwack Milobar, Peter (BC Liberal).................................... Kamloops–North Thompson Morris, Mike (BC Liberal) ..........................................Prince George–Mackenzie Mungall, Hon. Michelle (NDP).................................................... Nelson-Creston Oakes, Coralee (BC Liberal) ...........................................................Cariboo North Olsen, Adam (BC Green Party)........................... Saanich North and the Islands Paton, Ian (BC Liberal)......................................................................... Delta South Plecas, Hon.

Darryl (Ind.) ..........................................................Abbotsford South Polak, Mary (BC Liberal) ............................................................................ Langley Popham, Hon. Lana (NDP)..............................................................Saanich South Ralston, Hon. Bruce (NDP) .......................................................... Surrey-Whalley Redies, Tracy (BC Liberal) ..................................................... Surrey–White Rock Reid, Linda (BC Liberal) ................................................

Richmond South Centre Rice, Jennifer (NDP) ............................................................................ North Coast Robinson, Hon. Selina (NDP) ....................................... Coquitlam-Maillardville Ross, Ellis (BC Liberal)..................................................................................Skeena Routledge, Janet (NDP) .................................................................. Burnaby North Routley, Doug (NDP) ................................................Nanaimo–North Cowichan Rustad, John (BC Liberal) ..............................................................

Nechako Lakes Shypitka, Tom (BC Liberal) .............................................................Kootenay East Simons, Nicholas (NDP) ........................................Powell River–Sunshine Coast Simpson, Hon. Shane (NDP)................................................

Vancouver-Hastings Sims, Jinny (NDP) .......................................................................Surrey-Panorama Singh, Rachna (NDP) ........................................................Surrey–Green Timbers Stewart, Ben (BC Liberal) ................................................................Kelowna West Stilwell, Michelle (BC Liberal)..............................................Parksville-Qualicum Stone, Todd (BC Liberal)........................................

Kamloops–South Thompson Sturdy, Jordan (BC Liberal).......................................West Vancouver–Sea to Sky Sullivan, Sam (BC Liberal)...............................................Vancouver–False Creek Sultan, Ralph (BC Liberal) ......................................... West Vancouver–Capilano Tegart, Jackie (BC Liberal) ................................................................ Fraser-Nicola Thomson, Steve (BC Liberal)..................................................... Kelowna-Mission Thornthwaite, Jane (BC Liberal) .............................

North Vancouver–Seymour Throness, Laurie (BC Liberal) ..................................................... Chilliwack-Kent Trevena, Hon. Claire (NDP) .............................................................. North Island Wat, Teresa (BC Liberal) ................................................Richmond North Centre Weaver, Dr. Andrew (BC Green Party) ......................... Oak Bay–Gordon Head Wilkinson, Andrew, QC (BC Liberal) .............................. Vancouver-Quilchena Y ap, John (BC Liberal)..........................................................

Richmond-Steveston LIST OF MEMBERS BY RIDING Abbotsford-Mission ..........................................................................Simon Gibson Abbotsford South ..................................................................... Hon. Darryl Plecas Abbotsford West .................................................................... Michael de Jong, QC Boundary-Similkameen.....................................................................

Linda Larson Burnaby–Deer Lake ...............................................................................Anne Kang Burnaby-Edmonds ..............................................................................Raj Chouhan Burnaby-Lougheed................................................................... Hon. Katrina Chen Burnaby North................................................................................

Janet Routledge Cariboo-Chilcotin ............................................................................Donna Barnett Cariboo North .................................................................................. Coralee Oakes Chilliwack.............................................................................................. John Martin Chilliwack-Kent..............................................................................Laurie Throness Columbia River–Revelstoke........................................................

Doug Clovechok Coquitlam–Burke Mountain................................................................. Joan Isaacs Coquitlam-Maillardville..................................................... Hon. Selina Robinson Courtenay-Comox ................................................................. Ronna-Rae Leonard Cowichan Valley ............................................................................

Sonia Furstenau Delta North ...........................................................................................Ravi Kahlon Delta South.................................................................................................Ian Paton Esquimalt-Metchosin.............................................................................Mitzi Dean Fraser-Nicola........................................................................................

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

Steve Thomson Kelowna West.........................................................................................Ben Stewart Kootenay East .....................................................................................Tom Shypitka Kootenay West ...................................................................... Hon. Katrine Conroy Langford–Juan de Fuca............................................................. Hon. John Horgan Langley....................................................................................................

Mary Polak Langley East .......................................................................................Rich Coleman Maple Ridge–Mission ............................................................................ Bob D’Eith Maple Ridge–Pitt Meadows ..........................................................Hon. Lisa Beare Mid Island–Pacific Rim .............................................................. Hon. Scott Fraser Nanaimo ....................................................................................

Sheila Malcolmson Nanaimo–North Cowichan.............................................................. Doug Routley Nechako Lakes ...................................................................................... John Rustad Nelson-Creston.................................................................. Hon. Michelle Mungall New Westminster ......................................................................... Hon. Judy Darcy North Coast..........................................................................................

Jennifer Rice North Island ............................................................................ Hon. Claire Trevena North Vancouver–Lonsdale ................................................................. Bowinn Ma North Vancouver–Seymour ......................................................Jane Thornthwaite Oak Bay–Gordon Head ..........................................................Dr.

Andrew Weaver Parksville-Qualicum .....................................................................Michelle Stilwell Peace River North.................................................................................. Dan Davies Peace River South ............................................................................... Mike Bernier Penticton................................................................................................ Dan Ashton Port Coquitlam .................................................................... Hon.

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

Shirley Bond Richmond North Centre ........................................................................Teresa Wat Richmond-Queensborough .......................................................................Jas Johal Richmond South Centre........................................................................ Linda Reid Richmond-Steveston..................................................................................

John Y ap Saanich North and the Islands............................................................Adam Olsen Saanich South............................................................................Hon. Lana Popham Shuswap .................................................................................................... Greg Kyllo Skeena ......................................................................................................... Ellis Ross Stikine ..................................................................................Hon.

Doug Donaldson Surrey-Cloverdale............................................................................... Marvin Hunt Surrey-Fleetwood ...................................................................................Jagrup Brar Surrey–Green Timbers ......................................................................Rachna Singh Surrey-Guildford ....................................................................................Garry Begg Surrey-Newton.............................................................................Hon.

Harry Bains Surrey-Panorama..................................................................................... Jinny Sims Surrey South............................................................................... Stephanie Cadieux Surrey-Whalley........................................................................ Hon. Bruce Ralston Surrey–White Rock ............................................................................. Tracy Redies Vancouver-Fairview ............................................................ Hon.

George Heyman Vancouver–False Creek....................................................................... Sam Sullivan Vancouver-Fraserview .............................................................Hon. George Chow Vancouver-Hastings .............................................................. Hon. Shane Simpson Vancouver-Kensington ..................................................................... Mable Elmore Vancouver-Kingsway ................................................................... Hon.

Adrian Dix Vancouver-Langara .............................................................................. Michael Lee Vancouver–Mount Pleasant ................................................... Hon. Melanie Mark Vancouver–Point Grey...........................................................Hon.

David Eby, QC Vancouver-Quilchena ......................................................Andrew Wilkinson, QC Vancouver–West End....................................................Spencer Chandra Herbert Vernon-Monashee...................................................................................Eric Foster Victoria–Beacon Hill ................................................................ Hon. Carole James Victoria–Swan Lake .................................................................. Hon. Rob Fleming West Vancouver–Capilano .................................................................

Ralph Sultan West Vancouver–Sea to Sky ..............................................................Jordan Sturdy Party Standings: BC Liberal 42; NDP 41; BC Green Party 3; Independent 1

CONTENTS Tuesday, October 8, 2019 Morning Sitting Page Routine Business Introductions by Members..................................................................................................................................................... 9937 Introduction and First Reading of Bills................................................................................................................................ 9937 Bill 36 — Gaming Control Amendment Act, 2019 Hon. D.

Eby Introductions by Members..................................................................................................................................................... 9938 Statements (Standing Order 25B) ......................................................................................................................................... 9938 SurreyCares Community Foundation S. Cadieux Library Month and School Library Day R. Singh Darrin Yusishen and room dedication at Royal Inland Hospital T. Stone West End Seniors Network S.

Chandra Herbert Cariboo-Chilcotin residents’ response to community issues D. Barnett Community Inclusion Month M. Dean Oral Questions......................................................................................................................................................................... 9940 Police investigation of former Citizens’ Services Minister and government response to allegations M. Polak Hon. J. Horgan S. Bond Hon. D. Eby Soil disposal site in Shawnigan Lake watershed S. Furstenau Hon. M.

Mungall Police investigation of former Citizens’ Services Minister and government response to allegations J. Johal Hon. D. Eby P . Milobar A. Wilkinson M. Polak Petitions .................................................................................................................................................................................... 9946 Hon. C. Trevena Motions Without Notice......................................................................................................................................................... 9946 Acting Sergeant-at-Arms Hon. M.

Farnworth Orders of the Day Second Reading of Bills .......................................................................................................................................................... 9946 Bill 35 — Miscellaneous Statutes Amendment Act (No. 2), 2019 Hon. D. Eby M. Lee Hon. K. Conroy N. Letnick

TUESDAY , OCTOBER 8, 2019 The House met at 10:05 a.m. [Mr. Speaker in the chair.] Routine Business Prayers. Introductions by Members Hon. J. Darcy:I have two very, very special guests in the galleries today. Chief Rhonda Larrabee of the Qayqayt First Nation and the Coast Salish people — I think it’s fair to say that in our community, Rhonda Larrabee is an incred- ibly courageous leader. She has single-handedly, over the last decade or so, put the issue of reconciliation on the agenda in our community. She’s such an active part of our community and a wonderful leader.

She’s accompanied by her husband, Bryan Larrabee, who previously worked as an emergency management dir- ector with Vancouver Coastal Health and now teaches emergency management at the Justice Institute. Would the House please join me in welcoming these two very, very special guests today. D. Davies: It gives me great pleasure to introduce two people in the House today, all the way down from Fort St. John. First of all is my constituency assistant, Tamara Wilkinson. She’s also joined by her husband, Barry Wilkin- son — his first time here in the Legislature today. Would the House please make them feel welcome.

Hon. R. Fleming:As members of the House know, Octo- ber is Library Month in British Columbia. It’s a time to celeb- rate library staff, board members and volunteers who work hard every day in our communities to make sure that British Columbians can access a world of information at their fin- gertips in fantastic library facilities. I would like to introduce a number of guests in this regard who are part of the Greater Victoria Public Library system. We have with us Irwin Henderson, who is president of the volunteer-run Friends of the Greater Victoria Public Library.

We have Deborah Begoray, who is board chair of the Greater Victoria Public Library system. Councillor Andy MacKin- non is vice-chair of the GVPL. Jennifer Windecker is a dir- ector of the Greater Victoria Public Library. Her colleague Daphne Wood, also a director, is here. Tracy Kendrick is a coordinator with the public library system. Andrea Brim- mell, also a coordinator, has joined us today. Sheila Gregg is a dedicated Greater Victoria Public Library patron. I would ask the House to join me in welcoming all of these special guests here today to celebrate Library Month. A.

Wilkinson: From Parksville to Fernie, to Kitimat, across to Dawson Creek, the largest opposition caucus in British Columbia history is very effectively represented by 56 constituency assistants here today and another 40 or so who work part-time who aren’t here. We have to thank them for doing that front-line work that makes the government of British Columbia effective for all of its citizens. We all know that constituency assistants serve everyone. They never, ever ask someone how they vote or what their preferences are. Their job is to serve them as citizens.

These people do it with great style, to the point where on a good day, we’re not even sure they’re doing it because they do it so well and so effectively. With that in mind, I’m going to ask our enormous caucus not to get up one by one to introduce 56 people. Instead, can we have a rousing round of applause to welcome the con- stituency assistants from across British Columbia who hap- pen to work for the opposition. [Applause.] M. Dean:It’s my honour today to introduce someone who is here in the gallery, the fire chief from View Royal, who has given decades of service to our province.

He is chief Paul Hurst, and he received the rare Medal of Bravery in 2014. Would everybody please make him very welcome. [10:10 a.m.] Hon. L. Popham:In the precinct, wandering around, hav- ing an amazing tour, is a Saanich South class of grade 5s from McKenzie Elementary School, with their teacher, Ms. Sunny Jun. I visited this class a few weeks ago. I told them about this amazing apple that we produce in British Columbia called the Ambrosia. They’ve got an apple to take home as a souvenir.

I also told them that the member for Penticton has given us all some apples from his orchard to enjoy, which are the Aurora Golden Gala. There are a lot of great apples that we produce, and we have 28 apples for the teacher from McKenzie Elementary School today. I welcome them here. I know they haven’t made it into the chamber yet, but they’re very excited to be here. Introduction and First Reading of Bills BILL 36 — GAMING CONTROL AMENDMENT ACT, 2019 Hon. D. Eby presented a message from Her Honour the Lieutenant-Governor: a bill intituled Gaming Control Amendment Act, 2019. Hon. D.

Eby:I move the bill be introduced and read a first time now. I’m pleased to introduce the Gaming Control Amend- ment Act, 2019. This bill provides for the sharing of annual provincial gaming revenue with the B.C. First Nations Gam- ing Revenue Sharing Limited Partnership. It increases the maximum number of directors of the B.C. Lottery Corp. to 9937

11, to facilitate the appointment of one position for a First Nations nominee. Provincial gaming revenue will support self-government; strong, healthy communities; and services that make life bet- ter for families. The provincial government has already transferred nearly $200 million to the newly formed B.C. First Nations Gaming Revenue Sharing Limited Partnership, providing the first two years of shared gaming revenue as part of its long-term commitment to revenue-sharing announced in connection with Budget 2019.

Our government is putting in place a long-term revenue stream for First Nations as part of our commitment to recon- ciliation through supporting self-determination. This fund- ing will make it possible for nations to provide important new economic, social and cultural opportunities that dir- ectly benefit the people who live in their communities. Mr. Speaker:The question is first reading of the bill. Motion approved. Hon. D. Eby: I move that the bill be placed on the orders of the day for second reading at the next sitting of the House after today.

Bill 36, Gaming Control Amendment Act, 2019, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today. Introductions by Members Hon. B. Ralston:I’ d like to make an introduction. Joining us in the members’ gallery this morning is His Excellency Urban Ahlin, the Ambassador of Sweden to Canada. His Excellency joined us for the economic mission to British Columbia last week and is back here for more meetings. I’ll be meeting with His Excellency later today to discuss new areas of cooperation between British Columbia and Sweden.

Would the House please make him feel very welcome. Statements (Standing Order 25B) SURREYCARES COMMUNITY FOUNDATION S. Cadieux: Twenty-five years ago Francisca and Edwin Darts created a trust for their land to be preserved as a botanical garden. Their endowment for the park was the seed for the SurreyCares Community Foundation. Since that time, the SurreyCares Foundation has invested in the people of Surrey through grants to community agencies. This Sep- tember SurreyCares dispersed another $32,000 in com- munity grants.

The SurreyCares grants recipient in the General Com- munity category this year was the Volunteer Cancer Drivers Society, and it’s a worthy cause, no doubt. Since conception in February of 2016, just three or so years ago, more than 200 volunteers have contributed 70,000 hours for 45,000 patient trips, totalling more than 1.3 million kilometres. [10:15 a.m.] In the Special Needs category, the 2019 SurreyCares grants recipients were numerous.

They were the ALS Society of British Columbia; the Centre for Child Development; Horizon Church; the Lower Mainland Down Syndrome Society; the Progressive Intercultural Community Services Society, which so many of us know as PICS; the SuperChefs Cookery Society; and the Kindred Farms Sanctuary, which was formerly SALI. In the Y outh Initiatives category, the 2019 SurreyCares grants recipients were Dan’s Legacy and V AYA Y outh Arts Society.

As we all know, much work goes on behind the scenes, and we have hundreds of people who give their time to serve on the boards of community agencies and charities in our local communities. So I’ d also like to take a moment to thank the board of the SurreyCares Community Foundation for their commitment to our city and our people — John Lawson, Debbie MacDougall, Jeff Hector, Mike Bose, Sonia Parmar, Linda Stromberg, Sue Anderson and Peter Unruh. Congratulations to the SurreyCares Foundation and the recipients of the 2019 SurreyCares grants on their continued community service.

LIBRARY MONTH AND SCHOOL LIBRARY DAY R. Singh:I’m honoured to stand in the House today to cel- ebrate Library Month and School Library Day. For the entire month of October, libraries and library partners throughout B.C. and Canada are raising awareness of the valuable role libraries play in Canadians’ lives. Libraries are so much more than just a place to find books. Libraries promote cultural awareness, engage in the community, provide educational programs, support free- dom of expression and so much more.

Libraries are part- ners in fostering lifelong learning and fulfil a vital role, helping people of all ages and from all backgrounds so they can access the information and services they need to learn, work and thrive. Families throughout the province benefit every day from library and literacy programs. Last year over 50,000 children, parents and caregivers attended 2,500 family literacy ses- sions made possible with support from Raise-a-Reader, in addition to thousands of books and learning materials dis- tributed to family literacy programs, schools and libraries throughout B.C.

In just a few weeks, on October 21, students throughout B.C. will celebrate School Library Day, also known as Drop Everything and Read, as a part of Library Month. It’s a cel- ebration of reading designed to remind people of all ages to make reading a part of their lives. At a certain time, students in all classrooms are encouraged to stop what they are doing 9938 British Columbia Debates Tuesday, October 8, 2019

and take some time to read, drawing attention to the import- ance of reading just for fun. School Library Day is coordinated and supported by the B.C. Teacher-Librarian Association, a specialist association of the B.C. Teachers Federation. Library Month is also a time to recognize dedicated library staff, board members and volunteers throughout the province, who enhance the qual- ity of our life every day. Thank you for all that you do. I encourage all of you to head down to your local library and find an exciting new book to read or participate in one of the many activities that your community library offers.

DARRIN YUSISHEN AND ROOM DEDICATION AT ROYAL INLAND HOSPITAL T. Stone: The human condition is inherently flawed. Thankfully, however, failure is instructive, and we have the ability to learn from mistakes. It was a warm summer day, July 20, 2017. Darrin Yusishen of Kamloops begrudgingly went to Royal Inland Hospital seeking treatment for an agonizing headache. He returned home with medication for a bad migraine. Less than a week later Darrin lay awake for a six-hour surgical procedure to remove an aggressive brain tumour known as a glioblas- toma.

Sadly, from the beginning of this unfortunate story, several mistakes were made — from accidentally being informed about his cancer by a nurse to spending several days in a hospital hallway to delayed treatment. A devoted husband and father, Darrin always put others first, especially his children, son Kellen and daughter Bella. But when the health care system failed Darrin, his sister Crystal became his Rock of Gibraltar, his devoted advocate. When we first met Crystal, we were impressed. Laser- focused on the issues facing her brother, she was calm, brave and reasoned at a very difficult time, over many months.

Crystal’s determination was big picture — to ensure that no others would endure the same suffering as her brother, who sadly died at age 40 on January 23 of last year. [10:20 a.m.] Now, I’ d like to express my appreciation to the Minister of Health for his empathy surrounding Darrin’s story. Recently the minister and I were honoured to take

part in a ceremony to announce that a room in the new Royal Inland Patient Care Tower will be named after Darrin Yusishen. It will be named after him so that his memory lives on forever and so that the focus will always be on the future patients who enter that room and the care, dignity and respect that they deserve.

At that ceremony, Darrin’s sister Crystal said: “There is no greater power than that which stems from unconditional love, a force that propels you forward to work until you’ve achieved the results required to bring a sense of peace, a sense of what is right. ” Crystal reminded us that no matter what happens, no matter who tells you otherwise, one per- son can indeed make a difference. WEST END SENIORS NETWORK S.

Chandra Herbert:Members should know that some days I feel like the late, great Marx — I speak of Groucho, not Karl, but apologies to the members opposite — when he said: “I don’t care to belong to any club that would have me as a member. ” Sometimes we all get that way, I’m sure. However, there is a club that I’m very, very glad to be an honorary member of. It’s an organization in my community, the West End, that I would describe as the West End’s best friend. That organization is the West End Seniors Network. Our community would not be the same without it.

I think sometimes we don’t say thank you enough or cel- ebrate the things that are good, so today I choose to celebrate the network. It’s a community of friends. I say “best friend” because they are all best friends of our neighbourhood — the volunteers, the board, the staff — every one of them looking out for the well-being of our neighbours, of those who aren’t connected to anybody, newcomers, to be part of the great, great community of the West End. They have three locations. I mention this now because I find that sometimes people in my community aren’t aware of the good work they do.

Of course, at Barclay Manor, where they offer over 50 different programs. Y ou want to learn Itali- an, Spanish, English, Farsi, karaoke? Y ou want to learn chess? Y ou want to learn computers? How to fix that darn cell phone that your kid gave you that you can never quite make work, or to teach somebody how to use that cell phone? They’ve got incredible volunteers. One of them, Vlad, I’ d like to mention. He just won the senior of the year award in Vancouver because of his service to that community, to my community. And so many more — Pamela as well.

Led ably by Anthony Kupferschmidt with an incredible board, it’s an organization that I learn from every single day. I know every community’s got one, but I just want to say thank you to the West End Seniors Network, to Kay’s Place, Clothes and Collectibles, Barclay Manor. Y ou’re an incred- ible gift to our community. Keep on giving. We’ll keep on trying to give our best back to you. Thank you, West End Seniors Network. CARIBOO-CHILCOTIN RESIDENTS’ RESPONSE TO COMMUNITY ISSUES D. Barnett:Y esterday the member for Cariboo North spoke about her riding and how resilient the people in the Cariboo are. It’s true.

In my riding of Cariboo-Chilcotin, you will find some of the most resilient people in this province. Spanning from Tweedsmuir Park in the west to Bridge Lake in the east, our population of over 33,000 is truly resilient. In times of emergency, whether it be flooding or record wildfires, a neighbour will help defend their home against high water and forest fires. Strangers will help people they have never met before, just like Leslea and Duane Destree did last week. After seeing over 200 logging trucks descend on a UBCM Tuesday, October 8, 2019 British Columbia Debates 9939

in Vancouver to draw attention to the crisis in the forest industry, the couple organized a highly successful barbecue fundraiser for local families affected by the mill closures held at Margetts Meats in Williams Lake. Companies like Still North Design, Interior Properties, Lorne Doerkson, Old Dutch and people like Tammy Tugnam, Finning all pitched in and raised nearly $6,000 in a matter of two hours. Forestry used to be the top employer, but unfortunately no more.

And while our region has many family ranches rais- ing beef cattle, many are also disappearing or downsizing because no one in the family wants to take over. [10:25 a.m.] This is unfortunate because the Cariboo region has so much to offer. We have the highest concentration of copper and gold ore in North America. We also have some of the best lakes, resorts, guided fishing, bear viewing and ecotour- ism in the country. And thanks to the member for Kam- loops–South Thompson, we now have a fully refurbished Northern Sea Wolf ferry bringing visitors to the region from all over the world.

Whether you are a visitor, an investor or just looking for a home in a beautiful place, come to the Cariboo, a land where people are resilient, helpful and friendly. COMMUNITY INCLUSION MONTH M. Dean: It was not that long ago when people labelled with a developmental disability had to surrender their rights and have all decisions made for them. They were completely segregated and faced lifelong isolation from their friends and families and from society. They were forgotten, and their voices went unheard. They were discriminated against in every aspect of their lives and had no choice in how to live.

Through self-advocacy, community advocacy and deter- mination, these same people are reshaping society and help- ing to ensure that people who live with a developmental dis- ability have the same rights and opportunities as everyone else. That perseverance has led to each October in British Columbia being recognized and celebrated as Community Inclusion Month. First celebrated in 1998 and originally called Community Living Month, Community Inclusion Month recognizes that people with diverse abilities make our province stronger.

The month also recognizes the important role families, friends, caregivers, volunteers, community groups and employers play in ensuring the full participation of those living with developmental disabilities in our communities. Progress for inclusion is made through actions big and small. This year the theme for Community Inclusion Month is: “The future is accessible. ” Throughout October, Com- munity Living B.C. will be hosting events around the province. I would like to encourage all members to find events in their constituency to participate in.

Together we can continue to work towards raising awareness and pro- moting equality for all. Oral Questions POLICE INVESTIGATION OF FORMER CITIZENS’ SERVICES MINISTER AND GOVERNMENT RESPONSE TO ALLEGATIONS M. Polak:When the Premier was asked about the crim- inal investigation into the activities of the former Minister of Citizens’ Services, he said: “I am well aware of the alleg- ations that the member raises. My chief of staff received a letter from the secretary to cabinet in March. He reviewed the allegations to the extent that he could….

An appropriate investigation was done at that time. ” Will the Premier tell us what that investigation entailed? Hon. J. Horgan:I think it’s appropriate that the House understand that there was no criminal investigation at the time the questions were raised in this Legislature. I know the member understands that, but she might want to review the handwritten note she has there and ensure that the House is clear on that question. Issues were raised last spring. A letter came to the sec- retary to cabinet that made reference to allegations from a former employee. That was transmitted to my chief of staff.

He conducted a review of the information that was available in that correspondence. He translated that to the deputy to the Premier. That was the end of the story because there was no basis in the allegations that had come to government at that time. Subsequently the official opposition raised a myriad of issues, waved paper in the air, had a great deal of indigna- tion, but nothing further came forward. We asked them, if they had anything, to take it to the RCMP . Fast forward to Friday.

At 2:30, I was advised by the Attor- ney General that a special prosecutor had been appointed to review the actions of the Minister of Citizens’ Services. The minister resigned, and at 5:15, the public was advised that she had left her position. The member for Coquitlam-Mail- lardville, the Minister for Housing and Municipal Affairs, took over the responsibilities for Citizens’ Services. [10:30 a.m.] The press release would have gone out earlier, but I was at an awards ceremony with the Minister of Education — the Premier’s Excellence Awards in Education — giving out awards.

I reviewed the press release, sent it out. That’s what happened on Friday. Mr. Speaker:The House Leader for the opposition on a supplemental. M. Polak: Originally, the Premier said that he had no knowledge of the whistle-blower’s allegations, even though, as he’s stated now, there’s certainly an email chain that reveals that that’s not the case. In fact, on March 7, the chief of staff to the Premier emailed the Deputy Minister to the Premi- er and, referring to an email from the whistle-blower, said: 9940 British Columbia Debates Tuesday, October 8, 2019

“ After reviewing the email, I have followed up with Roseanne Moran, executive director of the NDP caucus, and the mem- ber for Surrey-Panorama, the Minister of Citizens’ Services. ” That’s what we know from this email that we received through FOI. We don’t know what’s in the body of the email. We don’t know how the investigation was conducted. If we’re to take this email at face value, it sounds like all they did was make a couple of phone calls. People said everything was okay, and that’s what they rested their assurances to British Columbians on. British Columbians deserve to know.

What was the Pre- mier told at that time that gave him confidence that there was nothing to the allegations? Hon. J. Horgan:The correspondence that was received by the cabinet secretary made references to events that were charity events, not fundraising events. That was con- firmed to be inaccurate through the investigation that did take place. There was a claim that there were visa applic- ations that had been fabricated. There was no evidence of that happening. There was notice of an invoice that was incorrectly issued for a website design. All of these issues were canvassed at the time.

The issue, I believe, for the people of British Columbia, for the people of this Legislature, is that on Friday a special pro- secutor was appointed to do an investigation. That investiga- tion is underway, and I know at least one member of the bar on the other side would understand that. We should let that investigation run its course. Mr. Speaker:The House Leader for the opposition on a second supplemental. M. Polak:The fact is the Premier himself said that there was an investigation. He has yet to tell us how that invest- igation unfolded.

What exactly did they do to find out, to determine, whether or not the facts were as he seems to think they are? More troubling than that is now, after we have been stonewalled in finding out any information with respect to notes or documentation that was provided to the Premier, he seems to have possession of sufficient notes and infor- mation around what was discovered in that investigation — so-called. Why, then, does this government refuse to provide to the public, provide to the opposition, the results of that invest- igation and what was reported to the Premier that gave him that confidence? Hon. J.

Horgan:A letter that was in the possession of the official opposition before it was in our possession outlined a series of allegations. We looked into those allegations. They were unfounded. We closed the file. There is an investigation underway. Interjection. Mr. Speaker:Member. Hon. J. Horgan:I appreciate that maybe it was a better day in the spring than it is in the fall for the official oppos- ition. But the reality of the situation is that allegations were made. They were looked into. A note was given. She’s read from it.

I have given her the substance of the letter that the Liberals had for months and months and months. On Friday at 2:30, I was advised that a special prosecutor had been appointed. By 5:15, that was public knowledge. We proceed to make B.C. a better place. Y ou should get on board with that. S. Bond:The Premier says he has confidence in the former Minister of Citizens’ Services because his chief of staff made a phone call, said, “Everything is all right, ” and dismissed serious allegations from the whistle-blower.

Now a special prosecutor has been appointed to look into potential crim- inal wrongdoing by the former Minister of Citizens’ Services and others. It’s important to remember that it wasn’t just the member for Surrey-Panorama who faced allegations from the whistle-blower. The former minister’s political staff were also singled out. [10:35 a.m.] To the Premier, were Mindy Bansal and Shannon Russell at the political staff briefing that he organized last Friday before the public became aware of the issue, and if so, what specific instructions were they given? Hon. D.

Eby: I can advise the member that the ministry staff member who was in the former minister’s office was placed on administrative leave, and her devices were taken. She’s on administrative leave as well. Interjections. Hon. D. Eby:I hear the members shouting questions, but maybe they’ll stand up and ask them. We’ll do one at a time. The member asked about a Friday afternoon meeting. The opposition has literally made up a meeting that didn’t hap- pen. On Friday afternoon, “there was an NDP staff meeting, and that’s where” — they use my name — “the Attorney Gen- eral told the NDP insiders to cover their tracks.

And then they told the public. ” This is what the Leader of the Opposi- tion said happened on Friday. I attended no such meeting. Interjections. Mr. Speaker:Members, please. Interjections. Hon. D. Eby:He did say it outside. He said it on CKNW . Interjections. Tuesday, October 8, 2019 British Columbia Debates 9941

Mr. Speaker:Members, the Attorney General has the floor. Hon. D. Eby: Now, I attended no such meeting. I said no such thing. They are making it up. It is unacceptable. Interjections. Mr. Speaker:Members. The member for Prince George–Valemount on a supple- mental. S. Bond: Well, let’s talk about making it up on the fly. We discovered yesterday that the former Minister of Citizens’ Services was allowed to keep her devices for hours and days without any precautions taken by this Attorney General. Let’s talk about making it up on the fly. Let’s be clear. We know…. Interjections. Mr. Speaker:Members. Thank you. S.

Bond:Thank you, Mr. Speaker. We know that the former minister actively used iMessages and WhatsApp as her preferred approach of communication with her political staff Mindy Bansal and Shannon Russell. We know the member for Surrey-Panorama had access to her devices and all those private channels for days. When exactly were the minister’s former staff…? When were their devices confiscated, and what steps did the Attorney General take to make sure that that information is protected? Hon. D. Eby: Another unfortunately inaccurate repres- entation. In fact, on Friday, the former minister’s log-in was terminated.

She lost all access to…. Interjections. Mr. Speaker:Members. Hon. D. Eby: She lost all access to government email and her calendar. We don’t control…. The member is floating that perhaps there’s information in private apps like What- sApp and others. We don’t control that. If the member had used applications like that, she would know that you could access that from any computer in the world. Interjections. Mr. Speaker:Members. Hon. D. Eby: We don’t control that. We can’t shut down access to it. If the member is making a substantive alleg- ation against the former minister, she should do so.

She should do it outside. But regardless, we don’t control access to WhatsApp. Interjections. Mr. Speaker:Members. Hon. D. Eby: What we control access to is government email, calendar, records — those…. Interjection. Hon. D. Eby: That’s right, and the log-in was terminated on Friday. Interjections. Mr. Speaker:Members. I’ll be asking the Attorney General to take a rest for a minute, until it’s quiet. Hon. D. Eby:Thank you, hon. Speaker.

I can also tell the member that prior to the triple-delete scandal, which the member might remember, it was possible to eliminate an email record if it was deleted on the day it was created, before the daily backup. But of course, our gov- ernment did change that. Following the Loukidelis review, it was changed so you can no longer circumvent the daily backup. The daily backup is held for a minimum of 13 months. That can be extended. SOIL DISPOSAL SITE IN SHAWNIGAN LAKE W ATERSHED S.

Furstenau:On May 14, the Ministry of Energy and Mines issued an order to South Island Aggregates pertaining to a piece of property the company owns in the Shawnigan watershed, a piece of property known as lot 21, on which the company has deposited somewhere in the neighbour- hood of 100,000 tonnes of industrial soil.

This lot is directly adjacent to lot 23, where the same operators have deposited 100,000 tonnes of contaminated soil, much to the dismay of Shawnigan residents. [10:40 a.m.] The Mines order reads: “The permit holder shall remediate the mine site by removing all soils imported since the date of issuance of permit G8331. Upon com- pletion, the permit holder will provide the inspector with a written report showing that the volume of material removed from the site corresponds to the volume imported since the date of issuance of the permit.

This remediation shall be completed by September 30, 2019. ” My question is for the Minister of Energy, Mines and Pet- roleum Resources. It is now October 8. Has the company responded to the order that your ministry issued, and has the soil been removed from the site, as ordered? 9942 British Columbia Debates Tuesday, October 8, 2019

Hon. M. Mungall:First, I just want to acknowledge the hard work that this member has done on behalf of her community on this issue. I remember the very first time I actually met her. She was bringing this issue to the Legis- lature with the then MLA, Bill Routley. I just wanted to acknowledge her hard work on this, because we do have a problem on our hands. In May, as the member mentioned, we did issue a com- pliance order on South Island Aggregates, because they were out of compliance with their permit. They had until Septem- ber 30 to get in compliance with that order.

The site has recently been inspected, and what we found was that they were still out of compliance. They had not taken our order seriously. That is unacceptable. This issue is now before a statutory decision–maker so that we can proceed, moving forward, in terms of how we can bring them into compliance and the punishment, or should I say the penalty, they will have to pay in reference to being out of compliance longer than they should have been. Mr. Speaker:The House Leader, Third Party on a supple- mental. S. Furstenau:Thank you to the minister for her response. I harken back to May 2016, when the B.C.

Auditor Gen- eral released an audit of compliance and enforcement in the mining sector. One of the report’s main findings was that both Ministry of Mines’ and Ministry of Environment’s enforcement responses have significant deficiencies and Ministry of Mines’ enforcement tools are, in some cases, ineffectual. This is resulting in delayed or unsuccessful enforcement by ministries and inaction in several instances. Nearly 3½ years after this report was released, we have a company with a long history of non-compliance with both its mines and environment permits, essentially disregarding an order from the ministry.

I hear that the minister is saying that they intend to take action. However, Shawnigan has been hearing that story for a very long time. My question is to the Minister of Energy, Mines and Pet- roleum Resources. If the ministry doesn’t seem to have the capacity to enforce the rules of its orders and to bring about compliance, who is, in this province, looking out for the pub- lic interest? Hon. M. Mungall:I appreciate that the people of Shaw- nigan Lake lost confidence in government when they saw, time and time again, their issues not being considered and not being addressed.

It was part of a larger problem under the previous government. This government takes its responsibilities as a regulator very seriously — so seriously that we put…. Interjections. Mr. Speaker:Members. Members, the minister has the floor. Thank you. Hon. M. Mungall:I get that the opposition is quite upset by the fact that we put $20 million into this ministry to put more boots on the ground to make sure that inspections are taking place. Those inspections are now taking place.

That’s why we have people on the ground knowing exactly what’s going on with lot 21, knowing exactly what’s happen- ing there and taking action to make sure that we’re bring- ing South Island Aggregates into compliance — something, when they were in government, they never did. POLICE INVESTIGATION OF FORMER CITIZENS’ SERVICES MINISTER AND GOVERNMENT RESPONSE TO ALLEGATIONS J. Johal:The former minister has a very clear record of breaking the very laws she was sworn to enforce.

Whether it’s hiding emails or using private communication channels, the minister always went out of her way to block the public’s access to information. Even the Office of Information and Privacy slammed her for putting roadblocks up to legitimate requests. That’s why it was shocking to hear the member for Surrey-Pan- orama tell reporters she had devices for four days before turning them in. [10:45 a.m.] A simple question to the Premier: why was the minister, with a record of deception, who now faces an active police investigation into criminal wrongdoing, allowed to keep her phone and iPad? Hon. D.

Eby: There were about four months between the time when the opposition wrote their letter to the RCMP and the appointment of the special prosecutor. During that time, we can assume that the RCMP were looking at the let- ter that the member for the opposition had written. Dur- ing that time, if they deemed that there were government records or other materials that they needed for their work, I assume they would have asked. In fact, they may have asked. I may not have knowledge of that, because the request could well have gone through members of the public service or through the Speaker’s office. I don’t know.

In any event, I have no knowledge of any requests at that time. What I do know is that when the Premier received notice from me that a special prosecutor had been appoin- ted, he accepted the resignation of the former minister. Her access to her government email and her devices through her log-in was terminated on the Friday. It was the same day. It all happened on the same day. The devices are currently in the possession of the public service, phys- ically, as are the devices of her ministry staffer who was located in her constituency office. Mr. Speaker:The member for Richmond-Queensbor- ough on a supplemental.

Tuesday, October 8, 2019 British Columbia Debates 9943

J. Johal:At the end of the day, of course, using WhatsApp, Signal, iMessage, all of those…. She had access to those for four days. Y ou know, she could have tampered with them. We don’t know. Let’s be clear for a second. The member for Surrey-Panor- ama is a serial offender. Interjections. Mr. Speaker: Members, the member for Richmond- Queensborough has the floor. Thank you. J. Johal:The member for Surrey-Panorama is a serial offender when it comes to breaking the laws she was sworn to uphold.

The Premier is the one who talked to her, advised her on a lawyer and called a meeting for political staff to dis- cuss how to proceed, all before the public is told that the minister is under an active police investigation into criminal wrongdoing. In what world does the Premier think it’s okay for the sus- pect to have access to evidence for almost four days? Hon. D. Eby: The member listed three or four private apps that we don’t have access to shut down. I’m glad he’s not the critic for technology.

The way these things work is you can log into them from any computer in the world, and we can’t stop that from happening. I do appreciate his concern. The police can access records through various technology providers. As for the records within the control of government, the log-in and password access for the former minister were ter- minated. P . Milobar:I have absolutely no idea how the Premier still has confidence in the member for Surrey-Panorama — as late as yesterday still espousing this great confidence.

The member for Surrey-Panorama has a track record of being completely derelict when it comes to preserving public documents, seems to have no problem knowing how to delete emails and messages. I would note that her social media pages still list her as the minister responsible for Citizens’ Services. Maybe the Premier can take care of that problem too. The Attorney General yesterday said, though…. Interjections. Mr. Speaker:Members. P .

Milobar:“If we have any requests from law enforce- ment or a special prosecutor or anyone else for preservation of any documents related to any subject matter, of course we’ll make sure that that happens. ” That’s what the Attorney General said yesterday. Well, the Premier and the Attorney General can consider this a request from anyone else. When will the Premier do the right thing and ensure the former minister’s emails, texts, WhatsApp, any other messages and any other information is properly preserved? Hon. D. Eby: It sounds like a similar question, hon.

Speaker, but I will point out to the member to underline gov- ernment’s commitment. I was trying to think about a way to do it properly, because I certainly am concerned about writ- ing to the special prosecutor about perceptions of independ- ence of the prosecutor and, at the same time, making sure that everybody knows that government is fully committed to preserving any records that are a matter of concern, as well as providing them to the police investigation.

I have directed my Deputy Attorney General to write to the commissioner of the RCMP to underline what I believe would be understood by everybody involved. But just in case it’s not, the government is fully ready to cooperate with pre- serving any records at all, with providing any records at all that will assist them in their investigation. That is the com- mitment of government. [10:50 a.m.] I have now directed the deputy to write. The deputy will be the contact for the commissioner, if necessary, not me.

I’m trying my best to preserve independence yet, at the same time, respond to what are obviously concerns from the other side that maybe this government, for some reason, has not committed to that, when we have said repeatedly we are. Good to have some paper on it and to write to the commis- sioner and say: “We’re here for you if you need us. ” Mr. Speaker:The member for Kamloops–North Thomp- son on a supplemental. P . Milobar:This really isn’t that complicated. We know there’s an active police investigation into criminal wrong- doing featuring the member for Surrey-Panorama.

I guess, thankfully, for once, we’re not worried about whether or not things have been backdated with the records. We’re just wor- ried whether the records actually exist or not still. This is about preserving those records of a serial offend- er when it comes to breaking FOI laws — someone who was allowed to keep her phone for four days and still had access to government information. If the Premier actually has confidence in the former minister, why not ensure all of those records are preserved and available for this crim- inal investigation? Hon. D.

Eby:A few times I have said that she did not have full access, that her log-in and password access were termin- ated on Friday. A. Wilkinson:It’s unfortunate that when a minister has been forced to resign because of allegations of criminal wrongdoing and when a very senior special prosecutor is in place and the RCMP are conducting an in-depth invest- igation, the members opposite find it appropriate to laugh 9944 British Columbia Debates Tuesday, October 8, 2019

about it. They mock the need to protect the evidence that could be used to convict the member for Surrey-Panorama. What has this chamber descended to when these members mock the judicial process? Interjection. A. Wilkinson:I just heard the Premier say he’s mocking me, not the judicial process. Interjections. Mr. Speaker:Members. A. Wilkinson:Perhaps it won’t be so amusing if the mem- ber for Surrey-Panorama is convicted. That’s what’s at stake. Y et we have an Attorney General who sits here… Interjections. Mr. Speaker:Members. A. Wilkinson:…and implicitly states he did nothing to preserve the evidentiary record.

Interjections. Mr. Speaker:Members. A. Wilkinson:A first-year associate having been called to the bar for a few months knows the first thing you do when the allegations arise is preserve the record. Instead, the accused perpetrator over there took her machinery home and had the opportunity to wipe out all of the texts. This is a flagrant failure on the part of the Attorney Gen- eral, and it begs the question: is this a manifestation of the incompetence of the Attorney General? Or perhaps this was just a convenient oversight to let the accused perpetrator go home with her devices for four days. Interjections. Mr.

Speaker:Members. Member, was that your question? A. Wilkinson:So we now see the question arrives. Does the Premier continue to mock this criminal investigation, to make fun of the need to preserve evidence? Does the Pre- mier think this is a funny joke? Maybe we should start with a very simple question. Will the Premier now stand up and apologize for intimidating the whistle-blower, for having the NDP caucus legal counsel send her letters of intimidation, now that the police and the special prosecutor have decided that, yes, indeed, it is worth looking into?

It’s over to you, Premier, whether you want to apologize or sit smugly and smile and mock the process. Hon. D. Eby:Well, there are a number of challenges with what the Leader of the Opposition has said, both inside this House today and outside of the House — wildly inaccurate statements, to try to use parliamentary language. First of all, there is an RCMP investigation. As I under- stand it, there haven’t been any charges. There haven’t been any specific accusations yet against the former Minister of Citizens’ Services. We shall let that investigation continue and that work continue.

So that is one point. [10:55 a.m.] On a second point, I look forward to the withdrawal, from the member, of the accusation he made against me on CKNW on the seventh, that I held an NDP staff meeting where I advised NDP insiders to “cover their tracks. ” I look forward to that withdrawal, and I expect that withdrawal, because it is not true. With respect to other suggestions about preserving evid- ence, of course I’ve responded to many of his colleagues’ questions about the fact that the log-in and password for the member were terminated, terminating her access to govern- ment records that we control.

Physical records in her office are being archived by members of the public service, as they do when any member leaves cabinet and goes into either opposition or into another position. That is all being done independent of the political level. Maybe that provides some assurance and also an oppor- tunity for him to withdraw. Mr. Speaker:The Leader of the Official Opposition on a second supplemental. Member, will you be withdrawing your comment? Interjections. Mr. Speaker:Well, there was some language used here in the House, Member. Interjections. Mr.

Speaker:Member, if I may say, you used the term “accused perpetrator. ” That is not true. I’m requesting that you withdraw. A. Wilkinson:Well, Mr. Speaker, I’m quite happy to use the police language of “perpetrator. ” Is that your preference? Y ou have extensive experience with the police, I understand. Y ou know perfectly well that’s how the person is described. What’s your choice, Mr. Speaker, of term for the member for Surrey-Panorama? Mr. Speaker:I’m saying…. As per the request from the Attorney General, I’m asking for you to withdraw. Member, again…. Interjections.

Tuesday, October 8, 2019 British Columbia Debates 9945

Mr. Speaker:Please be seated. Proceed. M. Polak:Mr. Speaker, I’m trying to understand if we are…. The Attorney General asked for something to be with- drawn that was said in the public sphere on radio, not for something to be withdrawn that was said here in this House. Mr. Speaker:Well, I was understanding it’s the language used in here: “accused perpetrator. ” Interjections. Mr. Speaker:In any case, the term “accused perpetrator” would not be appropriate in here under the circumstances. M.

Polak:The former Minister of Citizens’ Services, by statement of, I believe, the justice branch, is under investiga- tion for criminal wrongdoing. In that instance, the language is entirely appropriate and descriptive and accurate. Mr. Speaker:Leader of the Official Opposition: would you like to ask another question as a supplement? A. Wilkinson:Indeed I would, Mr. Speaker. This is a very basic question.

It turns to the role of the Attorney General as the protector of the legal system of the province, as the chief legal officer of their entire judicial sys- tem, as a man who has obligations far beyond elected office, which is why he is presented with the Great Seal of the province of British Columbia the day he is sworn in. That obligation extends to protecting the criminal trial process, and it extends to protecting evidence. [11:00 a.m.] It’s a very simple question.

Will the Attorney General admit that by failing to ensure that the member for Surrey- Panorama’s electronic devices were not removed the moment that she became aware of these accusations of crim- inal wrongdoing, he actually made an error? Hon. D. Eby: On accepting the resignation of the mem- ber, access to her computer was terminated. The log-in and password access was terminated. I’ve heard the member and others talk about private apps that we have absolutely no control over, that can be accessed from any computer in the world. So I’m not sure how I could do better than that.

With respect to the member’s continuing inaccurate com- ments, I do look forward to his withdrawing this comment that he made on CKNW , which was: “There was…. ” Interjections. Mr. Speaker:Members. Members, the Attorney General has the floor. Hon. D. Eby: On Friday afternoon, there was “an NDP staff meeting, and that’s where the Attorney General” — he used my name — “told the NDP insiders to cover their tracks. ” So I do look forward to the member’s withdrawal of that, because it was completely false. [End of question period.] Interjections. Mr. Speaker:Members. Petitions Hon. C.

Trevena:I have two petitions to present. The first is from the citizens of the village of Tahsis. They respectfully request that the Legislative Assembly of the province of British Columbia immediately protect and pre- serve McKelvie Creek, in Tahsis, for drinking watershed, wildlife and recreational values. The second petition is from the Sierra Club of B.C., Quadra branch, about old-growth logging. Motions Without Notice ACTING SERGEANT-AT-ARMS Hon. M.

Farnworth:By leave, I move: [That Greg Nelson be conferred the duties and responsibilities of the Sergeant-at-Arms on an acting basis, and be styled Acting Sergeant- at-Arms, until the appointment of a Sergeant-at-Arms. Mr. Nelson is authorized by the Legislative Assembly to undertake any responsibil- ities prescribed to the Sergeant-at-Arms by statute, the Standing Or- ders, and any other authority.] Leave granted. Motion approved. Orders of the Day Hon. M. Farnworth:I call second reading of the Miscel- laneous Statutes Act. [11:05 a.m.] [R.

Chouhan in the chair.] Second Reading of Bills BILL 35 — MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2019 Deputy Speaker:The second reading of Bill 35 now starts. Hon. D. Eby: Mr. Speaker, thank you for a moment to change gears here. I move that the bill be now read a second time. 9946 British Columbia Debates Tuesday, October 8, 2019

This bill amends subsection 3(1) of the Family Main- tenance Enforcement Act. This amendment clarifies that child and spousal support provisions in a family law arbit- ration award may be filed with the director of maintenance enforcement. The amendment supports the use of arbit- ration to resolve family law disputes by ensuring that the family maintenance enforcement program can enforce the support awards for the benefit of children and families in British Columbia.

Amendments to the Judicial Compensation Act update pension provisions for Provincial Court judges and align the act’s language with recommendations from the 2016 Judicial Compensation Commission. The 2016 Judicial Compensa- tion Commission’s recommendations reflect the changes to the Pension Benefits Standards Act, which was repealed and replaced effective September 30, 2015, as well as changes to the early retirement pension reduction formula contained in the public sector pension plan rules. The commission’s recommendations were enacted by resolution of the Legisla- tive Assembly in 2017.

These amendments update the language in the act to ensure that the act reflects current practice respecting the pension vesting period, the early reduction factor for mem- bers with less than two years of contributory service and options for receiving the commuted value of a pension if a member retires before age 55.

The amendment to the Professional Governance Act will provide regulatory bodies with the interim authority to increase annual membership fees under their current stat- utes to ensure they have sufficient resources while they transition to the new professional governance legislation over the coming year. This interim authority fills a gap until the professional associations are fully under the authority of the Professional Governance Act, which already provides regulatory bodies the authority to set annual fees. To use this authority, the professional associations must be prescribed by regulation.

In addition to this amendment are housekeeping amend- ments to amend an error in wording in

section 31 and to correct a cross-reference in

section 118 of the act. Amendments to the Provincial Court Act address the term and reappointment of judicial justices, in response to concerns from the Chief Judge of the Provincial Court about losing a number of experienced judicial justices at the same time, due to the expiry of their term-limited appointments. In 2017, the fixed term of appointment for judicial justices was extended from ten years to 12 years as an interim meas- ure to address the issue.

These amendments reduce the term of part-time judicial justice appointments from 12 years back to ten years and provide for the reappointment of judi- cial justices for one additional fixed term of ten years. Judicial justices who have served on either a full-time or a part-time basis may be reappointed, but a reappointment will only be available on a part-time basis. To help ensure there is no infringement on judicial independence, the pro- posed amendments will vest reappointment with the Chief Judge of the Provincial Court upon recommendation of the Judicial Council, rather than with government.

Amendments to the Public Interest Disclosure Act enhance the existing anti-reprisal protections for those who disclose a wrongdoing, seek advice about making a disclos- ure or cooperate in an investigation. [11:10 a.m.] These amendments will ensure that reprisal protections apply whenever adverse measures listed in the act are taken by reason of a person’s good-faith participation in a disclos- ure, request for advice or investigation under the act.

These amendments also clarify that adverse measures taken for the purpose of managing or terminating an em- ployment relationship, contract or agreement are not pro- hibited as reprisals, as long as they are not taken by reason of a person’s good-faith participation in a protected whistle- blowing activity.

Other amendments to the Public Interest Disclosure Act include clarifying that the prohibitions on the disclosure of confidential information in other B.C. enactments do not prohibit a person from disclosing that information under the Public Interest Disclosure Act, including the newly appoin- ted Human Rights Commissioner within the scope of the act; and correcting cross-referencing errors. The amendment to the Trespass Act adds “aircraft” to the definition of “premises. ” This amendment makes the Tres- pass Act consistent with the Occupiers Liability Act and brings B.C. in line with Ontario and Saskatchewan.

The omission of “aircraft” from a definition that includes ships, trains and other vehicles was noted by the legislative com- mittee that reviewed the Trespass Act revision in 2018. Amendments to the Child, Family and Community Ser- vice Act are in response to feedback received from Indigen- ous communities following the implementation of previous amendments to the act made in 2018. These amendments will enable Indigenous communities to be more involved in planning for the needs of all their children in care, not just those in continuing custody.

Additionally, Indigenous com- munities will be able to provide services to any child and family, not just members of their community. The Freedom of Information and Protection of Privacy Act has two purposes: to promote accountability by provid- ing a right of access to information and to protect personal information held by public bodies. The two amendments to this act are urgently required to ensure that the public sector can continue using the technology it needs to provide quality services to British Columbians.

Without these amendments, public bodies would be forced to choose to operate in non- compliance, forgo the use of basic tools or invest millions of public dollars to develop custom technology solutions. I’m not talking about specialized systems. I’m talking about basic business tools such as email or presentation software. The Carbon Tax Act, Provincial Sales Tax Act, Motor Fuel Tax Act and Tobacco Tax Act have service-of-notices provisions which describe how and to whom a notice or other document is conclusively deemed to have been Tuesday, October 8, 2019 British Columbia Debates 9947

served. Currently it is not clear when these provisions apply, as the language in provisions where notices are required is not consistent. The amendments provide consistent terminology respect- ing the giving of notices. The intent of the amendments is to provide clarity for taxpayers and government and improve government’s ability to effectively and consistently give notices under these acts. Also included are three minor language changes to the Speculation and Vacancy Tax Act. These are housekeeping amendments for the provision of good governance, clarity and consistency across all provincial tax acts.

The Health Care Costs Recovery Act was enacted in 2008 to permit government to recover from a wrongdoer the costs and expenses incurred in providing health care to an injured person in circumstances where injury is caused by a wrong- ful act or omission. Amendments to

section 24 are made to clarify that the act does not apply to a particular wrongdoer who is insured by ICBC when that wrongdoer’s use or oper- ation of a motor vehicle causes personal injury or death. Amendments to

section 4 are made to impose a require- ment for defendants in class proceedings initiated in provinces and territories other than B.C. to provide written notice of the proceeding to the B.C. government. The goal of these amendments is to enable the government to maxim- ize the recovery of health care costs under the act. There are also a few amendments to include gender-neutral termino- logy within the act. The amendment to the Assessment Act will provide that solar power plants are “power plants” for the purpose of assessing those plants in the same manner as other inde- pendent power producers.

It will also ensure there is suf- ficient authority to apply exemptions under the assessment authority regulation. This amendment will result in an equit- able property assessment and tax outcome for existing and future solar power plants. Without it, the future develop- ment of solar projects may be discouraged.

The amendments to the Motor Vehicle Act by the Min- istry of Public Safety and Solicitor General will create a stat- utory presumption on the presence of a speed sign to sup- port the successful prosecution of intersection safety camera speeding tickets and will clarify that the visibility of a speed limit sign is a defence to a charge of speeding, rather than an essential element of the offence. [11:15 a.m.] The intersection safety camera program began issuing tickets for speed in July of this year.

Fourteen of the 35 planned speed enforcement sites are governed by a sign rather than the legislated speed limit, 50/80 kilometres per hour, and so rely on the presence of a sign. The presumption and clarification on sign visibility will provide greater legal certainty for prosecutions. The program will monitor the presence of the signs every 14 days to support the presump- tion. There is wide support for this program expansion by municipalities, police, health authorities, public health officers, Doctors of B.C. and the coroner for its ability to prevent accidents.

Amendments to the Employment and Assistance Act and the Employment and Assistance for Persons with Disabilities Act support the poverty reduction strategy TogetherBC and the government’s action on homelessness.

These amendments aim to improve income and disability assistance by ending the need for clients to pursue Canada Pension Plan retirement benefits before age 65, protecting vulnerable youth by eliminating the two-year independence rule as a barrier to assistance, improving fairness for couples and children in need by recognizing modern living arrange- ments when calculating assistance, ensuring that informa- tion and verification requirements do not create homeless- ness, enabling maximum repayments for client debt, redu- cing delays in determining eligibility by clarifying the treat- ment of evidence on appeal and removing the requirement for reporting forms to be prescribed in regulation.

These measures continue the ministry’s efforts to make assistance more compassionate and effective, ultimately reducing poverty and preventing homelessness for the most vulnerable citizens. Technology is rapidly changing the way people use streets and sidewalks in the province. To support the use of new, clean modes of mobility, it is important that people know when, where and how emerging forms of transportation technologies can be used. Amendments to the Motor Vehicle Act by the Ministry of Transportation will provide an important tool to drive reform in this regard.

As part of government’s active transportation strategy, amendments to the act will provide enabling authority to establish regulations for new and emerging forms of person- al mobility devices that are increasingly prevalent on road- ways in the province. Further amendments enable pilot pro- jects to research, test and evaluate new approaches to regu- late what happens on our roads.

These amendments to the Motor Vehicle Act will ensure that the province finally has a mechanism to shift the act from a statute governing the roads of the last century to a modern framework of laws supporting people on our road- ways and sidewalks in this century. M. Lee: I rise today to speak on the proposed amend- ments to the 17 statutes in Bill 35, Miscellaneous Statutes Amendment Act (No. 2), 2019. First of all, I’ d like to thank the Attorney General’s office for quickly arranging briefings on the numerous amend- ments being proposed yesterday afternoon.

There certainly will be a number of sections of this bill that my colleagues will speak to here on second reading. We will all want to explore in more detail these amendments at the committee stage. Let me just say first that it’s really disappointing that when members were called back for four days of sitting this week, on the first day, yesterday, there wasn’t sufficient business for the House to sit. It rose 2½ hours earlier than scheduled. 9948 British Columbia Debates Tuesday, October 8, 2019

Given that this government doesn’t have any other legisla- tion to put forward this week, other than the Gaming Con- trol Act amendments — this is the only bill — it makes you wonder, Mr. Speaker, what other priorities this government is focused on when it doesn’t have its act together in the orders of the House and the business of this House. When you look at the majority of the amendments in this bill, they’re primarily amendments of a housekeeping nature. In fact, some of these amendments, including to the Tres- pass Act, went through the Standing Committee on Parlia- mentary Reform.

That being said, certainly — I’m sure, Mr. Speaker, you’ll agree — there are better uses this week for the time of the members of this House. We certainly could have used that 2½ hours yesterday for more pressing matters, more urgent priorities for British Columbians. That being said, there are a number of points of interest that this set of amendments to the various statutes provides.

Certainly, there are some jumping-off points, I would sug- gest, as to other priorities that we need to focus on as British Columbians. [11:20 a.m.] For the last two days, there has been tremendous focus on, in part, the allegations made by a whistle-blower against the now former Minister of Citizens’ Services. Of particular note in this bill are amendments to the Public Interest Disclosure Act, or PIDA.

These changes include the definition of “office” to include that of the Human Rights Commissioner, reword- ing the act to make it clear that PIDA overrides other enact- ments and providing protections for employees who, in good faith, seek advice, make a disclosure or cooperate with an investigation under the act. All of these amendments serve to improve the act and make it easier for whistle-blowers to come forward about wrongdoing. It’s curious — the timing of this. This government is mak- ing changes to this act,

an act that was introduced to this House 16 months ago yet has not been enacted by this gov- ernment. All during this time, there has been this whistle- blower coming forward, with respect to allegations that are now, presumably, under investigation by the special prosec- utor and the RCMP , forming the basis of that investigation. Y et this government has delayed bringing in force this act, this act that would certainly be a benefit to this whistle- blower and other whistle-blowers that might have other allegations against this government. So we question the delay.

It’s one thing to continue to tweak a bill they intro- duced 16 months ago. But why is it that this government has not yet put this bill and this act into force? I know that the member from Chilliwack will be speaking to the Trespass Act and appreciate that there is one amend- ment here that’s proposed, but certainly, there are other con- cerns of British Columbians as to the rights of private prop- erty owners, landowners and farm owners, given recent activities by protesters and the like.

So again, when this gov- ernment looks at those concerns of British Columbians, why is it that it’s only addressing one specific technical amend- ment at this time? Another example of this is the Freedom of Information and Protection of Privacy Act. Certainly, we’re glad to see the government continuing to update our laws and proced- ures to keep up with technological advancements. However, when we were in the briefing yesterday, questions were raised by my colleagues and myself as to what really is driv- ing this particular change in respect of this bill.

Were the changes that deal with enabling temporary pro- cessing and metadata handling offshore — through the United States, for example…? That would still be in compli- ance with FOIPPA, the Freedom of Information and Protec- tion of Privacy Act. Was that necessary due to the significant amount of personal data that over 1.6 million British Colum- bians had to provide to this government in connection with the speculation and vacancy tax?

Is that the reason why this government is now filling in the gaps of how it was able to manage that data — again, now under the former Minister of Citizens’ Services, under her oversight? When it comes to something as critical as personal data that British Columbians had to provide to this government, we’ll be asking questions at committee stage as to what the procedures were that government put in place in order to have this happen, to manage that data and why the need for this gap to be addressed. Under the Health Care Cost Recovery Act….

We’ve seen examples, of course, and concerns around the continued function of this government as it props up ICBC, with the continued rise of premiums and an inability for British Col- umbians, including young British Columbians, to purchase insurance for vehicles that they have just bought to go to school or to go to work. [11:25 a.m.] There are amendments in this miscellaneous statutes bill that raise concern around whether this government is attempting further to ensure that the playing field between ICBC and any other insurance company that might provide auto insurance in this province, including optional insurance coverage, is being made to be an un-level playing field….

On the read of the bill, as the Attorney General just indicated, if the desire is to maximize recovery of health care costs…. Is it that, or is it to ensure and put another roadblock in front of insurance companies that want to provide insurance to Brit- ish Columbians in this province? Under this arrangement, under the Health Care Costs Recovery Act, ICBC is under a separate agreement with gov- ernment,

whereas any other insurance provider that is not covered under that agreement needs to provide for those health care costs on a recovery basis under this bill. We’ll be looking at that in committee stage as to whether that provides and puts up another block or barrier to other insur- ance companies coming forward. There is also an amendment in this bill to the Assessment Act, under

part 6. It is another good step forward in promot- ing the use of clean energy in this province, ensuring that with solar power, in this case, their plant and their assets are potentially taxed, from an assessment point of view, at a Tuesday, October 8, 2019 British Columbia Debates 9949

lower rate. That is something that is good for this province to consider for its future, in terms of its energy security and renewable power. Again, with what has happened since the last spring sit- ting of this House, there’s been a continued press and a need for this government to consider other aspects regard- ing the Assessment Act, and that includes the considera- tion by that joint task force, including with the city of Van- couver, for split zoning. Mr.

Speaker, I ask this House: why is it that this govern- ment has not considered, on an expedited basis with the Minister of Municipal Affairs and Housing, that proposal which was supported by the Vancouver city council to create a property subclass for unused airspace above small busi- nesses? This would allow that subclass to be taxed at a lower rate than the existing businesses and keep costs lower for owners and operators of the local businesses that play such vital roles in our communities.

In my own riding of Vancouver-Langara, there are many examples of businesses that are fighting to stay afloat and many others that have been forced to relocate to areas where property taxes are lower, resulting in the loss of valuable parts of our community. Implementing the split-zoning pro- posal by amendments would lower property taxes dramat- ically, enough to make a real difference to those who are challenged with making ends meet, and we would revitalize neighbourhoods that have suffered the loss of local shops, restaurants and other businesses to financial pressures.

It is clear that such a change will be welcomed by local businesses and communities. So it would be important to see this government move forward to the necessary changes to enable this to occur. Lastly, I will say, to

part 9 under this bill, changes to the Motor Vehicle Act include further ability by this government to regulate motorized personal mobility devices. Of course, with the growth of the use of e-scooters and other similar devices on our city streets and bike lanes, we need to ensure the safety of the public, to work with municipalities to have the right regulations in place for pedestrians and others who are on our bike lanes and our city streets.

I welcome this particular amendment under this bill and also see the need for the necessary updating and modern- izing of the use of terminology around the definition of “pedestrian” and the new language, which is more appropri- ate, around person-centred mobility, including for those in wheelchairs and other persons with disabilities. As I mentioned, we’ll be looking forward to discussing in detail many aspects of this bill in committee stage.

I look for- ward to joining other colleagues of mine to do so, as there are many questions, as I mentioned, including the ones that I have outlined in my comments here. [11:30 a.m.] Hon. K. Conroy: I’ d like to recognize the territories of theLək̓ ʷəŋin̓ əŋ-speaking peoples of the Songhees and the Esquimalt First Nations where we meet here every day in this Legislature. I’ d also like to introduce a friend that’s in the gallery. I know this is a little unusual, but I just happened to notice her. Amanda McDonald is from Castlegar, has just moved to Victoria. She’s here with a friend from Victoria.

Every- body knows her as Mme. McDonald because she used to teach French immersion to many, many kids in the Castlegar school district for a number of years, including a lot of my relatives, and they love her. It was great to see her in the gal- lery today. Welcome. I just have to tell you, Mr. Speaker, how happy I am to be here for a fall session and how great it is to be able to have the fall session. It’s our third fall session since we became gov- ernment. It is an unusual thing, because this is…. Interjection. Hon. K.

Conroy:I know, this is somewhat new, because when I was in opposition, we rarely had a fall session. In fact, I think we might have had one or two — one. One in 16 years. In 16 years, we had one fall session. Maybe I might be…. The member for Vancouver-Langara is relatively new to the Legislature, so you know, fall sessions are new to him. I think he would appreciate that we actually have a fall session. It’s great to be here and to be able to speak in the chamber and to have a number of weeks to deal with very important legislation, including this bill, Bill 35, the Miscellaneous Stat- utes Amendment Act.

This bill does contain some minor amendments to the Child, Family and Community Service Act. These proposed amendments — they clarify the intention that Indigenous communities have the ability to plan for their children and youth in care and are able to deliver a broad range of sup- ports and services to their children and families, as well as to the children who identify as non-Indigenous or members of other nations. These proposed changes are in response to feedback that was received from Indigenous communities following the implementation of previous amendments to the act, to Bill 26.

Now, Bill 26 was the first bill I introduced as Minister of Children and Family to give Indigenous communities great- er involvement in child welfare decisions. These changes are helping Indigenous children out of care, safe in their home communities and connected to their cultures, and they speak to the mandate letter given to me by the Premier. This letter was very clear: things need to change in the child wel- fare system for Indigenous peoples. We all know that that system has failed them. We know it needs to change, and we have been acting on that.

Bill 26, introduced in spring 2018, was brought into force in April. It was incredibly important for me to introduce that bill, my first bill, for a number of reasons. For years now, Indigenous communities and leaders have 9950 British Columbia Debates Tuesday, October 8, 2019

demanded urgent changes to keep Indigenous children out of care. One of the sad realities of our colonial history is that more than half of the children in government care are Indi- genous. It’s a legacy of colonialism that must change, and Bill 26 helped to start that change. The amendments in this Mis- cellaneous Statutes Act, Bill 35, continue the change. Shortly after taking on the role as the Minister of Children and Families, the leaders of the September 2017 First Nations Leaders Gathering told me that I needed to make changes now, in order to ensure that our social workers do the work they needed to do.

This message was again driven home to me at the emergency meeting on Indigenous child welfare called by the federal government in January 2018. Reducing the overrepresentation of Indigenous children in the child welfare system by working with Indigenous communities is a priority for our government, as we move towards meaningful and lasting reconciliation. Bill 26 gave us practical, meaningful ways to do just that. Our govern- ment believes that Indigenous children connected to their community and culture are Indigenous children growing up in a safe, healthy and loving environment.

The changes to the Child, Family and Community Service Act…. It gave Indigenous communities greater involvement in child welfare decisions to help keep their children out of care, safe in their home communities and connected to their cultures. The message was further strengthened in speci- fic recommendations in Grand Chief Ed John’s report. His report was developed after extensive consultation with First Nations and Indigenous peoples and called for changes to the legislation that commits government to work more col- laboratively with Indigenous communities, right at the beginning of a child protection concern.

While we’ve reduced the number of Indigenous children in care by almost 100 in our first year by focusing on preven- tion and supporting families in communities, we needed to do more. [11:35 a.m.] For that, we needed to change the legislation. We listened to what communities were telling us, and we reviewed Grand Chief Ed John’s report to inform us of what aspects of the legislation we needed to change urgently, in order to reduce the number of Indigenous children coming into care.

We also looked to what the United Nations declaration on the rights of Indigenous peoples and the Truth and Reconcili- ation calls to action tell us about the best interests of Indi- genous children and their entitlement to connection with family and community. I knew we were heading in the right direction when I learned that because of Bill 26…. Two children from the Interior were returned to their community because of the withdrawal provisions. They were able to stay in their com- munity with their extended family, learning their culture.

Now, some people might say to me: “Well, that’s just two kids. ” But to those two kids, it meant an incredible difference in their lives, the lives of their family and the lives of their community. And the numbers have grown. Fewer Indigenous kids have come into care, with the tabling of Bill 26. The with- drawal provisions came into effect a year ago and are helping keep kids out of care. The changes give social workers the ability to withdraw from court proceedings when there are agreements between the parents and an Indigenous com- munity that will keep a child safe.

The proposed changes in this miscellaneous statutes bill are in response to feedback received from Indigenous com- munities during consultations that continued on the imple- mentation of Bill 26. It became really clear that some of the wording in the act was too narrow to fully make the changes we were intending and that Indigenous communities had been asking for. The original wording in the act allowed Indigenous communities to enter into an agreement with the ministry to plan for the needs of children in continuing care only. This has been amended to include children in care under any legal status.

These proposed amendments respond to these concerns that we’ve heard. Amending legislation is one way we’re acting on our commitment to help Indigenous children remain safely in their families, with their family’s communities and con- nected to their culture. We’re working in partnership with First Nations, Inuit and Métis partners to reduce the num- ber of Indigenous children and youth coming into govern- ment care.

Through the Tripartite First Nations Children and Fam- ilies Working Group, we’ve been working with the First Nations Leadership Council and the government of Canada to explore systemic changes to the child welfare system, including governance and jurisdiction. Additionally, we have committed to ensure the new feder- al Indigenous child welfare legislation aligns with the work we are doing in B.C. We’ve also started meeting quarterly with the First Nations Leadership Council executive — an important opportunity to hear from the leadership what’s working and what’s not.

Our work includes partnering with individual First Nations and the federal government to sign agreements that will ultimately see the nations exercise their jurisdiction over child and families themselves. We’ve entered into separate agreements with the Cowichan Tribes, the Wet’suwet’ en Nation and the Secwépemc Nation. Every time I meet with different nations, I’m struck by their commitment to their children — their belief that what happened in the past can’t be forgotten but that we must ensure that children are raised in healthy and happy communities.

At the Wet’suwet’ en gathering, at the ceremony, we had a huge feast to celebrate the signing of this agreement. Before the ceremony, I met with the Hereditary Chief and Elders who talked about their past and why this agreement was so important to them and why their children needed to be raised in their community learning their culture. The young children from the school danced, and they sang for us in their language. I could see the pride and hap- piness on the faces of the Elders and Chiefs as they listened Tuesday, October 8, 2019 British Columbia Debates 9951

to the children sing in their language — something that one Elder said to me she never got a chance to do as a child. Whenever I get frustrated that things don’t always move quickly enough, I’m reminded of those Elders and how happy they are that these changes are happening in their life- time, and it inspires me to work harder. In June 2018, I signed a joint commitment with Métis Nation B.C. to work toward their authority over child wel- fare. We signed it in Kamloops at the Lii Michif Otipemisi- wak, the Métis family and children services organization.

I’ll never forget when I was told that of all the kids they provided supports to, none had to come into care, because they had been able to keep kids with their families. They also said none were adopted, because again, they were able to keep kids with extended families. Another thing I learned: adoption doesn’t always work for everyone, especially Indigenous kids. We know children do better when they live and are connected to their families, their communities and their cultures. We want to support families to stay together.

One way we are doing that is by offering more financial assistance through the extended fam- ily program. We have nearly doubled the monthly rate paid to family members caring for young family members under the program. [11:40 a.m.] This is a long-standing practice with Indigenous com- munities to help keep kids connected to their families. Now a granny caring for her grandchildren is receiving the same amount of monthly financial assistance as a foster parent. Last week I had the honour of kicking off Foster Family Month at a dinner for foster parents from lower Vancouver Island.

I got to meet all the foster parents there who were being honoured for the incredible work they do each and every day. Parenting can be hard. I think any of us in this room would be stretching the truth a little bit if we all said that par- enting was a breeze and we’ d never had any trouble or things that didn’t quite go right with our kids, because I’m sure we all have had those issues. I’m sure we all had. I’m the first to say I did. Interjections. Hon. K. Conroy:Maybe not you, Minister of Health. When we are raising kids who have had a difficult start to begin with, that makes it even tougher.

At the dinner, I met some couples who are grandparents raising their grandchildren. All of them spoke about how incredibly helpful the MCFD staff have been, but one grand- mother in particular got quite choked up when she talked about the support and the differences the extra funds have made in their lives. No one expects to retire and then sud- denly be raising your grandchildren. But none of them would have changed what had happened other than to have had their grandchildren stay with their child — their own son or daughter.

Not only are we better supporting those who care for their relatives, but we are better supporting expectant parents to help keep families safe and newborns together. We’ve also ended the practice of birth alerts. Health care providers and social workers will no longer share personal information about expectant parents without their consent. Instead we are providing voluntary early supports and preventive ser- vices to help them plan and safely care for their babies. This change to practice allows for a more trusting, col- laborative relationship with service providers right from the beginning.

It empowers women, their families and their communities to work together to care for the children. This change was welcomed by B.C. ’s independent Repre- sentative for Children and Y outh, and professors and lead- ers across the country are calling on other jurisdictions to follow our lead. Mary Malebranche, clinical lecturer at the University of Calgary, has said all provinces and territories should promptly end birth alerts. Additionally, Cora Morgan of the Assembly of Manitoba Chiefs has said our province is leading the way and hopes our actions will start a trend.

We are working with Indigenous peoples and local com- munities to put the practices of the UN declaration on the rights of Indigenous peoples into action. Together we are making progress to build a more prosperous future through agreements with First Nations, agreements that support eco- nomic development that’s making a difference on the ground to everyone. We’re creating a predictable path forward for everyone that means good jobs and opportunities while pro- tecting our environment. Meaningful reconciliation takes time, but we’re committed to getting there with a balanced approach and a real plan.

And we do have a plan. We have a plan that…. We’re working to provide affordable, quality child care for all families that need it and want it, including Indigenous families. We are working closely with Indigenous com- munities to understand how our child care plan can better support their families. We’re investing $3.6 million to support 11 early learning and child care planning and navigator positions. We’re investing $30 million for our early learning and child care agreement with the government of Canada to create and expand Aboriginal Head Start programs in more than 30 communities across the province.

In addition to this investment, Indigenous governments are eligible for up to $3 million through the childcare B.C. new spaces fund to create new licensed child care spaces in their communit- ies, with Indigenous non-profit organizations eligible to up to $1.5 million. I have to tell you that when I was in Grand Forks recently with the COINS society, where we announced the expansion of Aboriginal Head Start in the Kootenays…. We are actually going to have one in Grand Forks.

The excitement and hap- piness, especially of the elders that were at the ceremony to announce the opening of this Aboriginal Head Start centre…. I also saw it in Prince George, where I was actually at an 9952 British Columbia Debates Tuesday, October 8, 2019

Aboriginal Head Start centre that has been built, that has been working for a number of years and that is going to expand their program. The fact that the kids were learning their language…. Little three, four and five-year-olds did a demonstration for us on what they had learned in the pro- gram. It made me realize that we are on the right track here and that we are doing the right things. We still know that we need to do better for Indigenous children and families.

We are helping to increase the rate of family preservation for both Indigenous and non-Indigen- ous families. [11:45 a.m.] The number of Indigenous children and youth in care is starting to go down, but there is still an overrepresentation of Indigenous kids in care in B.C. It’s unacceptable, and we are working to change this. I know the amendments in Bill 35 will help that. A change in child welfare will take concerted efforts and meaningful collaborations by all levels of government.

It’ll take some time, but we are committed to this work to ensure that children or youth are living in strong, healthy families where they are connected to their cultures and tradition.

The amendments that are part of this bill, Bill 35, the Mis- cellaneous Statutes Amendment Act, will do just that by cla- rifying the intention that Indigenous communities have the ability to plan for all their children and youth in care and are able to deliver a broad range of supports and services to their children and families, as well as to children who identi- fy as non-Indigenous or members of other nations who live in their community to get the supports they need in their community. I would just be remiss if I didn’t comment on a few….

I know all of us, as ministers, are getting up to talk about how the amendments in Bill 35 affect our ministry. I just have to say there’s a…. I do want to just acknowledge the changes that the Minister of Social Development and Poverty Reduc- tion is bringing in, because they are amazing in so many ways. Kudos. I have to say that when I was on the other side of the bench, in opposition…. I was the Seniors critic. For many years, I would meet with senior women who talked about how they struggled to make ends meet.

And when we would go to food banks, the food banks would tell us that the largest-growing sector of people accessing food banks in the province were senior women who just couldn’t afford to make ends meet. By improving the financial security of low-income seni- ors, by taking away the punitive action of not having them apply early for Canada Pension — to not have to apply until they’re 65 — is a step in the right direction. It’s a step to ensure that we can get those numbers of senior women who do live in poverty down, so they don’t live in poverty.

It’s something that women, once they reach over the age of 65, shouldn’t have to face. Kudos to the Minister of Social Devel- opment and Poverty Reduction for ensuring that that is part of the amendments of Bill 35. The other one is protecting vulnerable youth by elimin- ating the two-year independence rule as a barrier to receiv- ing income assistance. We are talking to youth. We are chan- ging the way we look at agreements with young adults as they transition out of care into adulthood, and we are look- ing at ways that we can ensure that we can provide supports to young adults.

We have made some incredible changes. We’ve increased the amount that they can apply for. We’ve extended it to a year. I talk to youth who, when they didn’t have the AYA pro- gram for a whole year, were homeless for four months of the year while they weren’t going to school. We’ve made sure that we’re looking at the way we provide those supports so we can provide more supports to youth aging out of care. This is another way of helping youth that are not…. Y ou cannot expect youth to be independent the minute they turn 19. This is eliminating a barrier that will help youth.

I know that working together, we can carry on ensuring that youth aging into adulthood out of care can get the supports they need, through this amendment but also through the work that we are doing with the agreements with young adults in the ministry. I just want to recognize those amendments that the min- ister is bringing in because they so affect me — on a personal level, from work that I did in the past, but also as it affects our ministry. With that, I thank you for the opportunity to speak to Bill 35, and I’ll sit. N.

Letnick:Thank you to the members present and those watching on TV worldwide for this fall session. Absolutely. I’ll be speaking about Bill 35, intituled Miscellaneous Stat- utes Amendment Act (No. 2), 2019. I won’t be too long. I don’t want to keep people from their lunch plans, lunch meetings. Two particular sections I want to speak on. None of them are health-related, to the Health Minister, so he can go about his business. [11:50 a.m.] I do have one piece, which is the speculation and vacancy tax that’s being amended. The other one is the Motor Vehicle Act.

I’m glad to see that the Minister of Transportation actu- ally looks like she’s following me. So after lunch, I’ll get to hear, maybe, some of the answers to these questions. First, on the spec tax…. I’ll be very simple, very blunt on this. It’s being proposed to be amended. I would actually propose it be abolished. It’s done a very bad job for the Okanagan — Kelowna, in particular, and West Kelowna — and the places around British Columbia where it has been instituted. It’s not a tax on speculation; it’s a tax on wealth.

It should be removed so we can get back to the business of cre- ating wealth for all British Columbians by ensuring that we have a robust industry and robust economies. On the Motor Vehicle Act, I would say that of all the pieces in this miscellaneous bill, one of the pieces people will actually see the most and interact with the most, I would Tuesday, October 8, 2019 British Columbia Debates 9953

think, would be this particular change. Even though it’s in part of a miscellaneous statutes act, I would ask the Minister of Transportation to actually get her own bill and really expose this to the public, because when this passes — and I hope it does — it’s going to have a very different feel for all British Columbians, motorists and pedestrians, around the province. I go back…. A couple of years ago I was travelling abroad, and I saw this thing. A child was on this beast that I’ d never seen before in my life. Basically, it was a unicycle with a bat- tery and an engine, and it was called an Airwheel.

He just zoomed past me, and I was going: “Whoa, isn’t that great? I’ve got to get one of those so that I can go through my streets and areas of my community without having to incur green- house gases. I can go and commute to work without having a negative impact on the environment. ” Lo and behold, I come back to home, and I find out that they’re actually not legal on roadways in British Columbia. So there went that dream. But as you know, you don’t quit after the first no, you keep trying and trying.

That’s exactly what people around British Columbia have been doing together to really get to the 21st century when it comes to pedestrian uses on the roads and also on the sidewalks. [Mr. Speaker in the chair.] Now, Mr. Speaker, I’ve seen that you’ve taken your chair, so I’m going to go on longer than the time. Just give me a nod when you want me to make any motions. Mr. Speaker:Thank you. N. Letnick: Okay, so what are we doing here? Through this amendment, we’re actually empowering the govern- ment, through regulation, to define what can and what can- not be used on our roadways.

Now, when I say roadways or highways in British Columbia, I mean streets in our cities, so that, for instance, if you want to use an e-powered scooter or an Airwheel or something else — I’ve seen hoverboards that have motors in them as well, and other things — you could, if and when this passes and if and when the regula- tions pass, be on the bike path, for example, and use these modes of transportatio

Document details

Collection	British Columbia — Debates (Hansard)
Citation	20191008am-Hansard-n270
Type	hansard
Volume / chapter	20191008am Hansard n270
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c6da2af6cb563c4809b9138273a0e36264a579b8

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