British Columbia Hansard — Thursday, May 26, 2011 (39th Parliament, 3rd Session) (H0526pm-03) (H0526pm 03)

H0526pm-03

British Columbia — Debates (Hansard)

Third Session, 39th Parliament official rePort of Debates of the Legis Lative a ssemb Ly (hansarD) the honourable bill bari Soff, SPeaker iSSn 0709-1281 Thursday, May 26, 2011 Afternoon Sitting Volume 23, Number 3

Pro Vince of britiS h colu Mbia (entered c onfederation July 20, 1871) lieutenant -Go Vernor h is h onour the h onourable Steven l.

Point, obc Third Session, 39th Parliament SPeaker of the leGiS latiVe a SSeMbl Y h onourable bill barisoff eXecutiVe council Premier and President of the executive c ouncil .............................................................................................................. h on. c hristy c lark Deputy Premier and Minister of finance ............................................................................................................................h on. k evin f alcon Minister of a boriginal r elations and r econciliation ...........................................................................................................h on.

Mary Polak Minister of a dvanced e ducation .................................................................................................................................h on. n aomi Y amamoto Minister of a griculture ........................................................................................................................................................... h on.

Don Mcr ae a ttorney General ........................................................................................................................................................... h on. barry Penner, Qc Minister of c hildren and f amily Development ................................................................................................................ h on.

Mary Mcn eil Minister of c ommunity, Sport and cultural Development .................................................................................................. h on. ida c hong Minister of e ducation .........................................................................................................................................................h on.

George a bbott Minister of energy and Mines and Minister r esponsible for h ousing.........................................................................h on. r ich c oleman Minister of environment ....................................................................................................................................................h on. Dr. t erry l ake Minister of f orests, l ands and n atural r esource o perations......................................................................................h on.

Steve Thomson Minister of h ealth .................................................................................................................................................... h on. Michael de Jong, Qc Minister of Jobs, t ourism and innovation ................................................................................................................................... h on. Pat bell Minister of l abour, citizens' Services and o pen Government .............................................................................. h on.

Stephanie c adieux Minister of Public Safety and Solicitor General .................................................................................................................h on.

Shirley bond Minister of Social Development and Minister r esponsible for Multiculturalism ............................................................ h on. h arry bloy Minister of t ransportation and infrastructure ................................................................................................................h on. blair l ekstrom leGiS latiVe a SSeMbl Y l eader of the official o pposition ......................................................................................................................................................a drian Dix Deputy Speaker .................................................................................................................................................................................... l inda r eid a ssistant Deputy Speaker ..................................................................................................................................................................Dawn black Deputy c hair, c ommittee of the Whole ...................................................................................................................................Douglas h orne c lerk of the l egislative a ssembly...................................................................................................................e.

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

James (on leave) c lerk a ssistant and a cting c lerk of c ommittees ................................................................................................................. k ate r yan-l loyd Sergeant-at-a rms ................................................................................................................................................................................. Gary l enz

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

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

Shirley (l) ...........................................Prince George–Valemount brar, Jagrup (nDP) ................................................................ Surrey-fleetwood c adieux, h on. Stephanie (l) ................................................Surrey-Panorama c antelon, r on (l) ..............................................................

Parksville-Qualicum c handra h erbert, Spencer (nDP) ................................Vancouver–West end c hong, h on. ida (l) ..................................................... o ak bay–Gordon h ead c houhan, r aj (nDP) ........................................................... burnaby-e dmonds c oell, Murray (l) ..............................................Saanich n orth and the islands c oleman, h on. r ich (l) ........................................... f ort l angley–a ldergrove c onroy, katrine (nDP) .............................................................. k ootenay West c oons, Gary (nDP) .........................................................................n orth c oast c orrigan, k athy (nDP) ..................................................... burnaby–Deer l ake Dalton, Marc (l) ..............................................................

Maple r idge–Mission de Jong, h on. Michael, Qc (l) .............................................. a bbotsford West Dix, a drian (nDP) ............................................................Vancouver-kingsway Donaldson, Doug (nDP) ......................................................................... Stikine e lmore, Mable (nDP) ................................................... Vancouver-kensington f alcon, h on. k evin (l) ..........................................................Surrey-c loverdale f arnworth, Mike (nDP) ............................................................

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

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

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

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

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

Don (l) ................................................................... c omox Valley Mungall, Michelle (nDP) ..........................................................n elson-creston Penner, hon. barry, Qc (l) ....................................................c hilliwack-h ope Pimm, Pat (l) ..........................................................................Peace r iver n orth Polak, h on.

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

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

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

West Vancouver–capilano Thomson, hon.

Steve (l) ........................................................k elowna-Mission Thorne, Diane (nDP) .................................................c oquitlam-Maillardville Thornthwaite, Jane (l) .......................................... n orth Vancouver–Seymour t revena, c laire (nDP) .................................................................... n orth island van Dongen, John (l) .............................................................a bbotsford South Y amamoto, hon. n aomi (l) ................................. n orth Vancouver–l onsdale Y ap, John (l) .......................................................................r ichmond-Steveston Vacant ...............................................................................Vancouver–Point Grey liS t of MeMberS bY riD in G a bbotsford-Mission .......................................................................r andy h awes a bbotsford South .....................................................................John van Dongen a bbotsford West ......................................................h on.

Michael de Jong, Qc a lberni–Pacific r im ..........................................................................

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

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

Diane Thorne c owichan Valley ................................................................................ bill r outley Delta n orth ......................................................................................Guy Gentner Delta South ...............................................................................Vicki h untington e squimalt–r oyal r oads .....................................................Maurine k aragianis f ort l angley–a ldergrove ...................................................h on. r ich c oleman f raser-n icola........................................................................................ h arry l ali Juan de f uca .....................................................................................John h organ k amloops–n orth Thompson ............................................ h on.

Dr. t erry l ake k amloops–South Thompson ...................................................... k evin k rueger k elowna–l ake c ountry ...............................................................n orm l etnick k elowna-Mission .............................................................. h on.

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

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

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

Jane Thornthwaite o ak bay–Gordon h ead ............................................................ h on. ida c hong Parksville-Qualicum ..................................................................... r on c antelon Peace r iver n orth ................................................................................Pat Pimm Peace r iver South ...............................................................h on. blair l ekstrom Penticton................................................................................... h on. bill barisoff Port c oquitlam ..........................................................................Mike f arnworth Port Moody–c oquitlam ...................................................................... iain black Powell r iver–Sunshine c oast ................................................. n icholas Simons Prince George–Mackenzie .............................................................h on.

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

Murray c oell Saanich South ................................................................................ l ana Popham Shuswap ...............................................................................h on.

George a bbott Skeena .............................................................................................. r obin a ustin Stikine ........................................................................................Doug Donaldson Surrey-c loverdale .................................................................h on. k evin f alcon Surrey-fleetwood ...............................................................................Jagrup brar Surrey–Green t imbers ..................................................................Sue h ammell Surrey-n ewton ................................................................................. h arry b ains Surrey-Panorama ........................................................ h on.

Stephanie c adieux Surrey-t ynehead ........................................................................... Dave S. h ayer Surrey-Whalley.............................................................................. bruce r alston Surrey–White r ock ....................................................................... Gordon h ogg Vancouver-fairview ................................................ Dr. Margaret MacDiarmid Vancouver–f alse creek ........................................................ h on.

Mary Mcn eil Vancouver-fraserview ........................................................................k ash h eed Vancouver-hastings ....................................................................Shane Simpson Vancouver-kensington .................................................................Mable e lmore Vancouver-kingsway..........................................................................a drian Dix Vancouver-l angara .................................................................Dr.

Moira Stilwell Vancouver–Mount Pleasant ..........................................Jenny Wai ching kwan Vancouver–Point Grey ...............................................................................Vacant Vancouver-Quilchena ................................................................... c olin h ansen Vancouver–West end ...............................................Spencer c handra h erbert Vernon-Monashee ...............................................................................eric f oster Victoria–b eacon h ill .......................................................................c arole James Victoria–Swan l ake.........................................................................r ob fleming West Vancouver–capilano ............................................................. r alph Sultan West Vancouver–Sea to Sky ........................................................

Joan Mcintyre Westside-kelowna .............................................................................ben Stewart Party Standings: l iberal 48; n ew Democratic 34; independent 2; Vacant 1

CONTENTS Thursday, May 26, 2011 a fternoon Sitting Page Routine Business introductions by Members ..................................................................................................................................................... 7465 t ributes ..................................................................................................................................................................................... 7465 Gertie Pierre n.

Simon s introduction and first r eading of bills ................................................................................................................................ 7465 bill M207 — Gender i dentity and expression h uman r ights r ecognition a ct S. c handra h erbert bill 15 — Municipalities enabling and Validating a ct (n o. 4) h on. i. c hong bill M208 — The f air c hase a ct M.

Sather Statements (Standing order 25b) ......................................................................................................................................... 7466 h onorary doctorate recipients J. kwan c hild c are Month l. r eid f estivals in n ew Westminster D. black c ontributions of seniors in Surrey-t ynehead area D. h ayer Day of the h oneybee l.

Popha m l ord k itchener e lementary School seismic upgrades c. h ansen oral Questions ......................................................................................................................................................................... 7468 impact of harmonized sales tax on restaurant industry b. r alston h on. k. f alcon S. c handra h erbert J. kwan impact of harmonized sales tax on housing sector S. Simpson h on. k. f alcon c. Jame s impact of harmonized sales tax on cyclists l.

Popha m h on. k. f alcon Petitions .................................................................................................................................................................................... 7473 J. h organ G. h ogg Proclamation ............................................................................................................................................................................ 7473 Day of the h oneybee h on. D. Mcr ae

Orders of the Day Second r eading of bills .......................................................................................................................................................... 7474 bill 12 — Police (i ndependent investigations office) a mendment a ct, 2011 (continued) J. kwan n. Simons M. f arnworth M. Sather h on. S. bond c ommittee of the Whole h ouse ............................................................................................................................................ 7481 bill 10 — Wills, e states and Succession a mendment a ct, 2011 l. k rog h on. b.

Penner r eport and Third r eading of bills ......................................................................................................................................... 7486 bill 10 — Wills, e states and Succession a mendment a ct, 2011 c ommittee of the Whole h ouse ............................................................................................................................................ 7486 bill 9 — Prevention of cruelty to a nimals a mendment a ct, 2011 l. Popha m h on. D. Mcr ae D.

Thorne r eporting of bills ..................................................................................................................................................................... 7494 bill 9 — Prevention of cruelty to a nimals a mendment a ct, 2011 Third r eading of bills ............................................................................................................................................................. 7494 bill 9 — Prevention of cruelty to a nimals a mendment a ct, 2011 c ommittee of the Whole h ouse ............................................................................................................................................ 7494 bill 8 — i nternational interests in Mobile equipment (a ircraft equipment) a ct J. h organ h on. b.

Penner Proceedings in the Douglas Fir Room c ommittee of Supply .............................................................................................................................................................. 7495 e stimates: Ministry of f inance h on. k. f alcon b. r alston D. Donaldson

7465 thurSD a Y , MaY 26, 2011 The h ouse met at 1:34 p.m. [Mr. Speaker in the chair.] Routine Business Introductions by Members S. Chandra Herbert: i'd like to acknowledge Marie l ittle, the president of t rans a lliance Society, today. She's here to watch the introduction of a private mem - ber's bill. i thank her for her ongoing advocacy for trans folks all across b .c. Please make her welcome. Hon. N. Y amamoto: in the h ouse today i'd like to make four introductions. i'd like to introduce Gabe Garfinkel. h e's my ea .

With Gabe is l arry Garfinkel, Gabe's father. h e lives in Vancouver. h e's a former so - cial worker and has operated a small business for over 25 years. [1335] Daniel Garfinkel is Gabe's brother. h e works for his father's publishing company, has spent time volunteer - ing for his community in Vancouver and will soon be attending chef school next year. f inally, Sara f ralin, Gabe's cousin. She's an environmental studies student at the u niversity of Victoria, an environmental and community activist and leader. Would the h ouse please make them welcome. Hon. H.

Bloy: i'd like to introduce a friend of mine and an advocate in burnaby. Gordon h arris is president and ceo of the u nivercity trust on burnaby Mountain. i worked with him and a member of the opposition very closely, on getting the new school up on burnaby Mountain. i want to welcome him to the h ouse today. Tributes Gertie Pierre N. Simons: i'd just like to take this opportunity to ac- knowledge a constituent of mine named Gertie Pierre, who yesterday was a successful candidate in achieving her bachelor of social work degree from the u niversity of british c olumbia.

Gertie Pierre has seven children and eight grand - children. She has overcome significant obstacles in her path. She has been an inspiration in her commit - ment to making better her community and other f irst n ations communities throughout this province. Would the h ouse please join me in acknowledging her success yesterday at ubc. Introduction and First Reading of Bills bill M207 — GenD er iDentit Y anD eXP reSS ion hu Man ri Ght S reco Gnition a ct S. c handra h erbert presented a bill intituled Gender identity and expression human r ights recognition act. S.

Chandra Herbert: i move a bill intituled Gender identity and e xpression h uman r ights r ecognition a ct be read for a first time now. Motion approved. S. Chandra Herbert: The Gender identity and e xpression h uman r ights r ecognition a ct is about explicitly acknowledging full human rights protection in british c olumbia for transgender and transsexual people.

This bill affirms what judges have been reading into the law and acknowledges the rights of all people to be free from discrimination based on gender identity and expression. it acknowledges the ongoing and extreme discrimination faced by people in our communities be - cause of who they are. t rans people face incredible difficulties and are regularly discriminated against, whether it be in the workforce, housing, health care or obtaining services most british c olumbians take for granted.

They also face significantly higher rates of violence. t rans people have always been part of our human society but have received little recognition or attention to their unique challenges. Some in this h ouse, indeed, may not even be aware of who trans people are or what they face in their very lives. This bill is about celebrating the great diversity of people in our province and ensuring that everyone has the right to live free from hate and, indeed, to be loved for who they are, because when one suffers, everyone suffers. h on.

Speaker, i move that this bill be placed on the orders of the day for second reading at the next sitting of the h ouse after today. bill M207, Gender identity and e xpression h uman r ights r ecognition a ct, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the h ouse after today. bill 15 — MuniciP alitieS enablin G anD V aliD atin G a ct (n o. 4) h on. i. c hong presented a message from h is h onour the a dministrator: a bill intituled Municipalities en - abling and Validating act (n o. 4).

british c olumbia Debates7466 t hursday, May 26, 2011 Hon. I. Chong: i move the bill be introduced and read a first time now. Motion approved. Hon. I. Chong: i'm pleased to present the Municipal- ities enabling and Validating a ct (n o. 4). This legislation responds to a direct request from the city of r ichmond to address a very unusual local circumstance in that municipality.

The proposed legislation would provide specific au - thority to enable the city of r ichmond to provide municipal tax exemptions on a transitional basis to eligible commercial properties in a particular area of r ichmond, an area where such properties have experi - enced extraordinary increases in their property values and concurrent taxes since 2005. it would also enable the province to provide partial relief from provincial school taxes in circumstances where the city has pro - vided a municipal tax exemption. h on.

Speaker, i move that the Municipalities enabling and Validating a ct (n o. 4) be placed on orders of the day for second reading at the next sitting of the h ouse after today. bill 15, Municipalities enabling and Validating a ct (n o. 4), introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the h ouse after today. [1340] bill M208 — t he f air c ha Se a ct M. Sather presented a bill intituled The f air c hase a ct. M. Sather: i rise today to introduce The f air c hase a ct. f air chase is a concept that is embedded in the hunting fraternity.

The concept is also acknowledged by government, though it has not been defined in legisla - tion. l ast year the former Minister of environment said that b.c. is home to fair chase. The Wildlife a ct prohibits harassment of wildlife by use of motorized vehicles wherever the definition of "harass" is such that it is unclear whether or not such behaviour is illegal in the process of hunting that is otherwise legal. The f air c hase a ct will serve to elimin - ate that ambiguity. baiting of wildlife has long been considered rep - rehensible behaviour.

This view is represented by the prohibition of bear baiting in the Wildlife a ct. The f air c hase a ct extends this prohibition to wolves. i move that t he fair c hase a ct be introduced, read a first time and placed on the orders of the day for second reading at the next sitting of the h ouse after today. Mr. Speaker: Just before we get to that motion, hon. Member, you have a motion before that first. M. Sather: i move first reading of the bill. Motion approved. Mr. Speaker: n ow, Member, you can move the second portion. M. Sather: Thank you, Mr.

Speaker. i move that the bill be placed on the orders of the day for second reading at the first sitting the h ouse after today. bill M208, The f air c hase a ct, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the h ouse after today. Statements (Standing Order 25B) honorar Y Doctorate reciP ient S J. Kwan: This afternoon ubc will confer honor - ary doctor of law degrees on two people that i have the privilege of knowing.

They are two people with very different histories and different personal stories. both have notable achievements and are successful entrepreneurs.

Thomas f ung came to c anada in 1967, graduat - ing from Magee high school. h e then went to Japan, learned the art of baking, returned to Vancouver in 1984 and founded the Saint Germain bakery. h e's also the founder and chair of the f airchild Group. h e built n orth a merica's first multicultural retail centre, a berdeen c entre, in 1989 and operates two t V sta - tions, five multicultural radio stations, b.c .'s biggest c hinese-language magazine and an e-commerce com - pany.

Thomas was named one of the most influential people in c anada by Time magazine. k en l yotier is a longtime resident of Vancouver– Mount Pleasant. h e is a recovering alcohol and drug addict and a dumpster diver. k en deeply believes that everyone should be valued and have a sense of belong - ing in their own community. h e was the driving force behind Save o ur l iving environment, an organization dedicated to improving Vancouver's urban conditions by pursuing sustainable practices.

Thanks to his skills and dedication, k en founded u nited We c an bottle depot, a non-profit social en - terprise that is a significant source of low-barrier employment for residents of the Downtown e astside. in 1995, with a $25,000 loan from Vancity, u nited We c an opened its doors. The u nited We c an community has collected and recycled well over 25 million bever -

british c olumbia Debatest hursday, May 26, 2011 7467 age containers over the years, and each day some 700 people earn cash with recyclables to supplement their income. u nited We c an is a financially and environmentally sound social enterprise that has been recognized na - tionally. k en, as the founder, received the Meritorious Service Medal in 2005, and in 2010 he received the leadership award from his own industry. i ask the h ouse to please join me in congratulating Thomas fung and k en l yotier. chilD care Month L.

Reid: i'm pleased to rise today and recognize c hild c are Month and c hild c are Provider a ppreciation Day. Just this morning i attended the c hild c are a wards of e xcellence in Vancouver with the Minister of c hildren and f amily Development.

The event honoured not just child care professionals from across british c olumbia, but also organizations and local governments — includ - ing the district of West Vancouver and, i'm very proud to say, the city of r ichmond — for outstanding service to children and families. it's wonderful to see communities be recognized, because i firmly believe that strong, supportive and en - gaged communities are a key to creating a quality child care system that meets the needs of local families. if we want a stronger economy in british c olumbia, it will be only because we have strengthened family.

We have a range of child care options in british c olumbia which are often tailored to meet the unique needs of the children and families they serve — young parents still in school, aboriginal children and families and children with special needs, to name a couple of examples. [1345] i'm proud that this government has supported early learning and child care for many years, knowing the in - credible difference it makes in the lives of children. i ask that the h ouse join with me in recognizing and cele - brating c hild c are Month. t o the thousands of amazing child care professionals, i say thank you for the work that you do each and every day to help the little ones learn and grow and have curiosity in abundance, and for the peace of mind you bring to thousands of parents across our province.

We are indeed grateful. fe Sti Val S in ne W We St Min Ster D. Black: The 40th annual h yack f estival is being celebrated in n ew Westminster this week. a n important part of the festivities is the annual Victoria Day salute to Queen Victoria and the current monarch. The city's first such event was held in 1859 at the r oyal engineers camp and was highlighted by the booming of a salute from a naval ship's cannon. h owever, as noted historian a rchie Miller has chron- icled, in the late 1880s authorities in Victoria refused permission for residents to use n ew Westminster's cannon to fire the annual salute.

This insult, coming on the heels of our city losing its capital city designation to Victoria, caused indignant n ew Westminster residents to pursue other options to ensure that the salute went ahead. Their ingenuity won out as members of the h yack fire brigade got possession of an anvil and proceeded to use this unusual prop to fire off the 21 rounds. The tradition of firing an anvil salute on Victoria Day continues to this day, and i was happy to participate again this year.

Y esterday i attended another traditional event as n ew Westminster's 141st annual May Day festivities took place. h undreds of children gathered around the maypoles to dance and to watch the crowning of this year's May Queen, l auren Vanags, and the r oyal k night, Markus Mattila. May Day in n ew Westminster is the longest-running celebration of its kind in the c ommonwealth and one that is remembered fondly by anyone who attended ele- mentary school in our city.

My oldest granddaughter, Meagan, will now have those memories, as she was one of the dancers performing yesterday. h yack f estival week will come to a close this Saturday with the popular international parade, one of the largest parades in our province. contributionS of SeniorS in Surre Y-t YneheaD area D. Hayer: in June we will celebrate b.c. Seniors Week. o ur seniors are very special in every part of b.c. They are the parents, our mentors, often our leaders, and they are the reason we enjoy such a bountiful lifestyle in this province.

Without them, we would not have the econ - omy, the freedoms, the development and the stability we all enjoy. in Surrey we have some very special seniors who trace their roots back to the first pioneers to come to b.c. and who were very significant in our growth. k eeping the pioneering spirit alive in my constituency are the t ynehead Women's a uxiliary and the t ynehead h istorical Society, who raise funds to maintain our his - torical t ynehead h all, host many seniors functions and raise funds for many charitable causes.

Many of these volunteers from these organizations are from pioneer families, including Dave Stevens, a grandson of pioneer Joseph Stevens, who arrived in t ynehead in 1918; Zina Y ork, granddaughter of pioneer r ory Mcc askill, who arrived in t ynehead in 1890; Judy de Vries, granddaughter of pioneer William f rost, who arrived in t ynehead in 1907. o ther volunteers include l iz Milligan, n ancy k alinovich, Jackie Woods, Doris h offman, a ndrea t erris, Maxine Wilson, Joan Parolin, Margaret Smith,

british c olumbia Debates7468 t hursday, May 26, 2011 bel c arter, k im a damson-Sharpe, Monica Matsi, k athy Poole, l eonora bradley, Graham Sharpe, brenda h olt, a lexius Matsi, baird and bram t erris, and barry Shiles.

My constituency's seniors population includes many others, including the f leetwood Seniors Planning c ommittee chair Mildred Davies, vice-chair Wayne a rmstrong, treasurer irene Wazny and many, many more volunteers. i ask the h ouse to thank the seniors across the province for all they have done and continue to do for everyone and request all Mla s to make sure they at - tend seniors functions the first and second week of June when it is Seniors Week. [1350] Da Y of the hone Ybee L.

Popham: May 29 marks the Day of the h oneybee here in b.c., and it is my pleasure to celebrate bees in the h ouse this afternoon. bees are little creatures with a big job. They pollinate flowers, allowing a steady supply of food for everything else that shares this space. i recently found a book in the l egislative l ibrary called Honeybee Democracy and was entertained by the idea of bees making decisions collectively and democratically.

The author, Thomas Seeley, brings the reader close to the hive in the annual cycle of these re - markable insects. h e notes that in the late spring and early summer as a bee colony becomes overcrowded, a third of the hive stays behind and rears a new queen while a swarm of thousands depart with the old queen to produce a daughter colony.

These bees evaluate po - tential sites, advertise their discoveries to one another, engage in open deliberation, choose a final site and navigate together as a swirling crowd of bees into their new home. e volution has honed the decision-making methods of honeybees over millions of years. h e concludes that what works well for bees can work well for people. a ny decision-making group should consist of individuals with shared interests and mutual respect. Debate should be relied upon.

Diverse solutions should be sought. l et's celebrate the Day of the h oneybee and today, if only today, practise honeybee democracy. lorD kitchener eleMentar Y School SeiSMic uPGraD eS C. Hansen: There is a group of students visit - ing the l egislature today from a school in my riding, l ord k itchener e lementary. i know this will come as a surprise to many, but when i visited the school a few months ago, i caught many of them writing on the gymnasium wall with felt pens. i must confess that they caught me doing exactly the same thing.

We were all writing farewell notes to a part of the old gym that has since been torn down as the first stage of the seismic re - newal for the school. The fact that the main part of the school is being re - placed with a brand-new school is not remarkable in itself. Since the seismic program was launched five years ago, almost $600 million has been spent, and 134 schools have had seismic work done. What is interesting about this school is that the very oldest part of the school that was built in 1914 will re - main.

The newer part of the school — one wing built as recently as 1962 — is where the seismic problem is. When the new school is finished, that part will be demolished. The difference is that the newer part of the school is brick-clad concrete, and the part built in 1914 was built from wood. it's a great example of how b.c. wood is the preferred building material for build - ings in any seismic zone around the world.

You will be pleased to know that the new school will be built from wood. i want to thank three tireless parents, whose children attend the school, for their efforts over the last number of years to make this project a reality. They are Peggy a lca, k osta c hatziSpiros and Doug c ampbell. Thanks to their efforts, the students of l ord k itchener e lementary will be able to enjoy the heritage of the 97-year-old wooden schoolhouse complemented by the modern features of their new wooden school that will be there to serve the community for the next 97 years.

Oral Questions iMPact of harM oniZeD SaleS taX on re Staurant in Du Str Y B. Ralston: The restaurant industry employs over 161,000 people here in british c olumbia. before the last election the b.c. l iberals said to the restaurant indus - try, in writing: "We have no plans to implement an hS t ." a fter the election was over, of course they went back on their word. They made families pay more, they hurt communities, and they hurt small businesses. The restaurant industry has said that the hS t will cost them $750 million a year in lost sales, or $50,000 per year for the average restaurant.

Y esterday ian t ostenson, president of the r estaurant and f oodservices a ssociation, said: "i can't see how these changes help." t o the finance Minister: will he admit that the b.c. l iberal hS t bribe does nothing to help a struggling res - taurant industry here in british c olumbia? Hon. K. Falcon: Well, i do have to say that i can't take credit for the incredible boom time happening right now in the restaurant industry, with the c anucks mov- ing their way through to a Stanley c up. [1355]

british c olumbia Debatest hursday, May 26, 2011 7469 i have to admit that i certainly can't take credit for that. but what i can say, which i know is extraordinar - ily good news for the restaurant sector, is that when we send out $200 million worth of transition payments to families with kids and to low-income seniors, that gets recycled back into the economy pretty fast. i am certain that some of that is going to go back into the restaurant sector. i'll also say this, because i know how hostile the n DP always is to reducing any taxes. i can tell you that when you drop the hS t by 2 points and you put $1.7 billion back in the pockets of british c olumbians, it gets spent back in the economy. r estaurants, movies, retail — it gets spent.

That's exactly what will happen with a 10 percent hS t . Mr. Speaker: The member has a supplemental. B. Ralston: Well, the restaurant industry is look - ing for long-term solutions. They warned that the hS t could cost at least 12,000 jobs. in fact, since the legis - lation was introduced, restaurants have been reporting declines in sales. This latest attempt by the b.c. l iberals to buy votes won't do anything to help, according to the restaurant industry. l et's revisit what the Premier said just back in March.

"We aren't going to be talking about trying to reduce it by a point or two before the referendum. i mean, i think people will see that as buying them with their own money." e ven his own Premier recognizes that this gimmick is just a desperate b.c. l iberal attempt to save their seats and does nothing to help a struggling restaurant industry. Why doesn't the minister just own up and admit it? Hon. K. Falcon: i guess i should be used to it by now, but the nDP hostility to reducing the tax burden on families remains. it never, never changes.

When we introduced a series of tax cuts to income tax, 37 percent reductions since 2001, they voted against every single one of those — every single one. When we marched that general corporate tax rate from one of the highest in c anada under the nDP down to one of the lowest, most competitive in b.c., they voted against every one of those reductions. Why can't you just allow families to have some tax re- lief with a 10 percent hS t instead of fighting to go back to a 12 percent sales tax? That's the question i have for the nDP finance critic. Mr. Speaker: The member has a further supplemental. B.

Ralston: i know it makes the finance Minister uncomfortable, but let's go back to that quote from the Premier again. "We aren't going to be talking about try - ing to reduce it by a point or two before the referendum. i mean, i think people will see that as buying them with their own money." That wasn't two years ago; that was two months ago. t rue to form, a b.c. l iberal Premier did exactly what she said she wouldn't do. this gimmick does nothing to help the restaurant industry and creates confusion as we head into the h St referendum vote.

Will the minister admit that this is a sign of desperation and that once again the b.c . l iberals have left the restaurant industry to fend for themselves? Hon. K. Falcon: The finance critic for the nDP is wrong again, actually. What the Premier said…. interjections. Mr. Speaker: Members. c ontinue, Minister. Hon. K. Falcon: What the Premier was very clear about was making sure that we go out and listen to british c olumbians.

That's why we engaged in the lar - gest listening exercise in the history of the province — 275,000 british c olumbians participating in our tele - phone town halls. [1400] We have responded to what we heard.

We've re - sponded by saying that we're going to go forward with a plan that reduces the hS t to 10 percent and that pro - vides transition payments for families with kids and for low- and modest-income seniors. i, for the life of me, can't understand why the n DP wants to argue to go back to a 12 percent sales tax that's inefficient and that duplicates a provincial sales tax ad - ministrative system with a federal sales tax administrative system. it's tough on business, tough on small business, bad for jobs. We're going the other direction. S.

Chandra Herbert: Well, the finance Minister talks about listening, but for a guy who talks about listening, he sure does a lot of shouting. h ere are just a few of the things that ian t ostenson, the president of the b.c . r estaurant and f oodservices a ssociation, has said about yesterday's b.c. l iberal vote.... interjections. Mr. Speaker: Members. Just take your seat. interjections. Mr. Speaker: Y our time, Members. c ontinue, Member.

british c olumbia Debates7470 t hursday, May 26, 2011 S. Chandra Herbert: Well, i'll say it again so that maybe the minister can listen to it. h ere are just a few things that ian t ostenson, president of the b.c . r estaurant and f oodservices a ssociation, has said about yesterday's b.c . l iberal h St vote-buy: " i think that they're mad at us.

They see the restaurant industry, roll their eyes and say, 'We just don't want to hear from them.'" t o the finance Minister: during your listening exer - cise how could you possibly have missed the voice of the restaurant industry that says the b.c. l iberals' hS t vote grab is devastating their businesses? Hon. K.

Falcon: i think the nDP member of the opposition should know that he should be careful to distinguish between the lobby group for the restaurant association and individual restaurateurs. i'd like to quote from what restaurateur Peter o ates from c armelo's restaurant in West Vancouver said when he was on The Bill Good Show. h e said that since last July c armelo's has never done better.

Sales have improved each month, year after year. h e's got all 12 percent back on $3,000 worth of kitchen renos, through the hS t input tax credit, as well as on his hydro and his gas bills. h e saves an hour a month on paperwork. i know how much the nDP loves paperwork. There's got to be lots of paperwork in an nDP world. Y ou know, that's just one. i've got others that i'm happy to read in. Vikram Vij, the owner of Vij's r estaurant, on cknW: "b usiness is good.

Y ou know, the hS t has been a little bit of an issue, but not a big one." r od butters from r auDZ r egional t able restaurant in k elowna, on cknW , on Bill Good: "We've tried to be very proactive in our approach to our pricing and are supplying phenomenal value. So we actually haven't seen a dip. k nock on wood. o ur business actually con - tinues to grow." imagine. Mr. Speaker: The member has a supplemental. S.

Chandra Herbert: So the minister decides to listen to his friends. h e doesn't listen to the restaurant service association. h e doesn't listen to the c anadian restaurant service association. n o, these are associations made up of restaurateurs and food service industry all across b.c. They actually pay to be a member of this association so that that association can bring their voice to a minister who isn't listening.

This latest b.c . l iberal h St gimmick is clearly an obvious and desperate attempt to buy votes. b.c. fam - ilies know it. i know that the f inance Minister knows it, though he won't admit it. e ven the Premier knows it, and she has acknowledged it through quotes: "i think people will see that as buying them with their own money." What is particularly devastating to the industry is that this latest gimmick makes things worse, according to Mr. t ostenson, hitting them now from both sides. h e says: "first the hS t increase, and now another 2 percent business tax increase." t o the finance Minister: why is this b.c. l iberal gov- ernment punishing small, b.c. family–owned restaurant businesses? [1405] Hon.

K. Falcon: Well, i'll keep going, then. h ow about a ndrew l atchford from c actus c lub r estaurants? a pretty sizeable chain of restaurants, lots of employees there. What does he say? h e's come to the conclusion that the hS t is a good thing because it will improve b.c.'s economic outlook, and as the economy grows, so does the restaurant business. i've said it before. i know that the nDP believe that, even though there are 140 countries around the world that use value-added taxes that are identical to the harmonized sales tax and that in those countries, whether it's Paris or r ome or l ondon....

They all have thriving restaurant in- dustries, just as we do here in british columbia. i can tell you this. a lowered hS t puts $1.7 billion back into the pockets of consumers. That gets back into the restaurant sector. That gets back into the retail sector. That gets back into the economy. it will continue to grow the economy in british c olumbia with a sales tax process — actually, an hS t — that makes sense economically. J.

Kwan: it's a bit rich — isn't it? — coming from the Minister of finance, who takes policy direction from a Premier that he has criticized, that uses a ready-fire- aim approach to policy-making. This is the Minister of finance, and a government, that takes this approach: "i see no evil, and i hear no evil." The restaurant associations and the industry are telling this government that the h St is bad for them and bad for their business. Don't take my word for it. They did their own survey with their own membership.

Their member- ship said that since the hS t has been implemented, in the first seven months business went down 15 percent. My question to the Minister of f inance is this: why is he failing the small business sector by adding injury to the wound, by first misrepresenting their position on the hS t and then, later on, also increasing the small busi - nesses tax for the restaurant business association? Hon. K.

Falcon: Perhaps the member for Vancouver– Mount Pleasant should just lift her eyes from the lobbyist report she's been reading and listen to what the c anadian f ederation of independent business wrote about our plan to reduce the hS t to 10 percent. interjections. Hon. K. Falcon: Wait for it. it gets better. it gets better. What did they say? That 83 percent of the cfib mem - bers support an h St rate going to 10 percent. That is

british c olumbia Debatest hursday, May 26, 2011 7471 the voice of small business from one end of this prov - ince to the other, from one end of the country to the other. i can tell you that putting $1.7 billion back into the pockets of consumers is a benefit to consumers. it's a benefit to the restaurant industry. it'll be a benefit to the broader economy. i know that in an n DP world there can never be any good news, but i can tell you that on this side of the table we know that a growing economy raises all boats, and that's better for everyone in british c olumbia. Mr. Speaker: The member has a supplemental.

J. Kwan: Who are these lobbyists? ian t ostenson just about ran for the b.c. l iberal leadership, and he's the one that's criticizing this Minister of finance and their government.

The b.c. l iberals' motto is: "We'll mislead you before the election, and we'll mislead you again after the elec - tion." a round the time the restaurant industry said that tinkering with the hS t won't help their struggling in - dustry, the Premier herself said: "People will see that as buying them with their own money." [1410] Premier c lark knows the gimmick that she an - nounced yesterday with this Minister of f inance is transparent and is just about buying votes. The restau - rant business associations and the restaurant industry are not buying it.

Will the Minister of finance just admit that the b.c. l iberal government's ready-fire- aim policy is a failed policy? Hon. K.

Falcon: Well, the member for Vancouver– Mount Pleasant was part of one of the worst governments in the history of the province of british c olumbia. i'll tell you this. i don't mind pointing out what a great environment the restaurant industry enjoyed in the 1990s, with the highest personal income tax rates in n orth a merica, the highest marginal income tax rate in n orth a merica, the highest general corporate tax rate — 16½ percent — in the country, one of the highest small business tax rates. in fact, the l eader of the o pposition was the chief of staff of a government that had a small business tax rate of almost 9 percent.

We've marched that down to 2½ percent. We've got a thriving small business sector in british c olumbia. i'll conclude with this. i know it is just impossible for the nDP to get their heads around providing any kind of tax relief for british c olumbians. They voted against every tax reduction we've put in place, and now they're going to campaign to have a 12 percent sales tax instead of a 10 percent hS t . That is classic nDP . iMPact of harM oniZeD SaleS taX on hou Sin G Sector S.

Simpson: The voters and the citizens of british c olumbia will find the tax relief they want when they kill the b.c. l iberal hS t this summer. This desperate attempt by the b.c. l iberals to buy votes in this upcoming referendum offers little or no support for the housing sector or for potential new home buyers. The hS t is driving up the underground economy in the renovation sector, and this vote-buying scheme does nothing to change that. The industry is also worried about how many new home sales or renovations are now going to get put off till 2014.

The hS t scheme guts government revenues. it hurts small business and continues to hurt the housing sec - tor. Why should anybody in this sector feel anything but disappointment and concern about this l iberal govern- ment and its vote-buying scam? Hon. K. Falcon: i know that the nDP can work them- selves up into a real froth trying to fight a tax reduction, and here we go again.

God forbid there should be any benefit to consumers out there. i've got a couple of uncomfortable nDP facts. i like reading these into the record because i know how un - comfortable it makes the nDP . first uncomfortable nDP fact: employment has increased 1½ percent in the period since the hS t's introduction — just to put that to rest. The member just mentioned how, apparently, the housing industry has been devastated under the hS t . a pparently, there are no houses being built anywhere in the province. u ncomfortable nDP fact n o. 2: housing starts have grown 11.9 percent since the introduction of the hS t .

That's up. interjections. Hon. K. Falcon: Since they're calling for more, one final uncomfortable n DP fact. in 2001, the last year of the n DP reign of terror in the 1990s…. in 2000 a family of four earning only $30,000 a year was paying taxes, fees — everything all included — of $3,739 under the nDP . u nder the b.c. l iberals to - day, it's $2,087, a 44 percent reduction under this government. [1415] Mr. Speaker: The member has a supplemental. S. Simpson: in f ebruary the Premier said: "This is the kind of politics that led to the breakdown in pub - lic trust in the first place….

This type of doubletalk on the hS t is damaging to the public trust that gov - ernment must have to be successful." c learly, she's not

british c olumbia Debates7472 t hursday, May 26, 2011 paying attention to her own words, and neither is this finance Minister. The b.c. l iberal story on the hS t changes every day. The numbers change every day. This government is not believable. They're not believable for consumers in this province. They're not believable for people in the housing sector. When is the government going to stop misleading british c olumbians on this tax and tell people the truth about what you're doing and correct it and get on with getting a proper tax in this province — back to a PSt , back to a GSt? interjections. Mr.

Speaker: Wait. Just wait. Members. Members. Hon. K. Falcon: in his exuberance, he got so excited that he said he can't wait to get back to imposing another tax, a higher tax on british c olumbians. it's incredible. it's in their genetic structure. "We must have higher taxes. We must have higher taxes." That's the nDP ap - proach. it is incredible. i'll tell you this.

What we will never be apologetic about is listening to 275,000 british c olumbians. i am proud to have a Premier that listens to british c olumbians and, more importantly, responds to what she hears from british c olumbians and acts in a manner that will re - duce the tax burden on british c olumbians to the tune of $1.7 billion, provide transitional cheques to families with kids under 18, transitional cheques of $175 each to low-income seniors so that we can get to a lower hS t . That is good public policy. C.

James: i'd like to tell this minister that real relief for families will come when they defeat the hS t this sum - mer and then defeat the b.c. l iberals right after that. The finance Minister talks about home-building. Well, the b.c. l iberal hS t adds yet another burden to families who are trying to make ends meet. We know that the cost of housing is unattainable to most families in british c olumbia. u sing Vancouver as an example, it's the third most ex- pensive city in the world in terms of housing. it's difficult for any young family to get into the market.

What many of those families will do is buy an older home and try and fix it up. Well, the b.c. l iberal hS t has just made it more difficult, adding costs to buying homes and adding costs to fixing them up. Will the minister finally acknowledge that the hS t hurts families trying to make ends meet? Hon. K. Falcon: it's interesting that in that ques - tion — the example she gives of buying a used home — there's no hS t that applies to any used homes in british c olumbia. interjections. Mr. Speaker: c ontinue, Minister. Hon. K.

Falcon: a s usual, the nDP spend all their time outside of question period just scouring to try and find some bad example they can possibly find. So i'll give them another interesting example. in rural b.c., Member, people buy pickup trucks. They like pickup trucks.

Pickup trucks aren't cheap — in fact, about $65,000 if you want to buy a f ord f -450, for example. u nder the nDP , of course, they consider that a luxury automobile, so they put a 3 percent luxury tax on that, you may recall. [1420] in fact, they put a luxury tax on every vehicle over $30,000. a pparently, that's a luxury for families in the n DP world. but i can tell you that under h St , we get rid of the 3 percent luxury tax, and at a 10 percent rate, the savings.... interjections. Hon. K. Falcon: o ver $3,000 in savings under a 10 percent hS t .

Why don't we ever hear about those ex - amples from the member opposite? Mr. Speaker: The member has a supplemental. C. James: british c olumbians aren't fooled. h ome- owners aren't fooled. The construction industry isn't fooled. f amilies aren't fooled. They know. They aren't fooled by the b.c . l iberals, because they see the results of the h St every single day. They know it's making their lives more difficult. They know the h St is a bad tax, and they're getting hammered by it. The public doesn't trust the b.c . l iberals, and they certainly don't trust them on the h St .

Will the minister admit today that b.c. l iberals have failed b.c. families? Hon. K. Falcon: W ell, i can tell you: the job creators of this province aren't fooled either. The mining sector isn't fooled by what the n DP want to do in going back to a higher 12 percent, inefficient PSt -plus-GSt system.

The forestry industry sure isn't fooled by what the n DP want to do in terms of going back to an inefficient tax system. i can tell you that the small business sector isn't fooled by what the n DP want to do, and that's why the c anadian f ederation of independent business, repre - senting small business, supports what we're doing. That's why the b.c . c hamber of c ommerce president has come out strongly in support of what we're doing with our lowered hS t . They're not fooled, because they understand what an nDP government means to business.

That means less jobs, a shrinking economy and higher taxes for british c olumbians in every single income category.

british c olumbia Debatest hursday, May 26, 2011 7473 interjections. Mr. Speaker: Members. iMPact of harM oniZeD SaleS taX on c Ycli St S L. Popham: n ext week is bike to Work Week. it's the first bike to Work Week under which bikes are subject to the hS t . encouraging people to use their bike as part of their daily commute is good for the environment, and it's good for people's health. it's more difficult to encourage people to bike when bikes, bike repairs and protective equipment like helmets now cost more because of the b.c. l iberal hS t . Why is the Minister of finance pun - ishing cyclists? Hon. K.

Falcon: i would ask the member for Saanich South why the nDP wants to punish purchasers, who can now pay a lower rate on furniture, on clothing, on electronics — on everything that had a 12 percent PS t plus GSt that will now be 10 percent under the hS t . That's what i'd like to know. Why are they so opposed to a tax change that puts the average family in british c olumbia $120 to the good?

Why are they so opposed to having average british c olumbians come out ahead with a 10 percent hS t rate? it is incredible to me, although i shouldn't be sur - prised, given that they have continually voted against every single tax reduction that we have put in place on this side of the h ouse. [end of question period.] Hon. B. Lekstrom: i seek leave to make an introduc - tion. Mr. Speaker: Proceed. Introductions by Members Hon. B. Lekstrom: i would like to introduce in the gal- lery today Mr. k ulwant Sihota, Ms. c aroline bauer and Mr. Dave Janda, joining us from Y ellow c ab in Vancouver.

Will the h ouse please make them feel welcome. J. Horgan: i seek leave to table a petition. Mr. Speaker: Proceed. [1425] Petitions J. Horgan: i have a petition signed by 736 british c olumbians due to concerns of health effects re - sulting from the usage of wireless technology. The petition is calling on the government to repeal those sections of the c lean energy a ct currently mandating smart meters for b.c . residents until the b.c . u tilities c ommission has agreed that their deployment can be done with wired technology to protect citizens con - cerned by radiation. G.

Hogg: i rise to submit a petition on behalf of the parent advisory council of e arl Marriott Secondary School, signed by approximately 900 residents of Surrey concerned with respect to the overcrowding of the schools in Surrey. Hon. D. McRae: i'd like to rise and present a proclamation. interjections. Mr. Speaker: Members. Proceed. Proclamation Da Y of the hone Ybee Hon. D. McRae: "Whereas the honeybee, through its role as a pollinator, has been an important part of our agriculture efforts since ancient times; and

whereas the honeybee plays an essential role in the success of agricultural enterprise in british c olumbia; and

whereas the honeybee has been under serious threat due to diseases and environmental conditions that ultimately threaten the future of agriculture in our province; and

whereas the gov - ernment of british c olumbia has worked with the agriculture industry to improve production and stabilize that industry; and

whereas it is in the interests of furthering that goal to raise awareness of the role of the honeybee and the plight it faces; and

whereas our l ieutenant-Governor, by and with the advice and consent of the executive council, has been pleased to enact order-in-c ouncil 903 on o ctober 11, 2002; now know ye that we do by these presents proclaim and declare that May 29, 2011, shall be known as the Day of the h oneybee in the province of british c olumbia." if i may, as people walk by the empress h otel, they may look down into the grotto area, and they will notice some honey hives or beehives down there. t oday at two o'clock, just half an hour ago, they officially welcomed the new beehives to the empress. f urther, if i may, i had the opportunity of presenting this proclamation to barry Denluck last week as i visited his home and his hives in Victoria, british c olumbia.

Orders of the Day Hon. R. Coleman: i call second reading of bill 12 to continue in this h ouse, followed by committee stage of bill 10, bill 9 and bill 8. in committee a, i call the Ministry of finance estimates.

british c olumbia Debates7474 t hursday, May 26, 2011 Second Reading of Bills bill 12 — Police (inD eP enD ent in Ve Sti Gation S o ffice) aMenDMent a ct, 2011 (continued) J. Kwan: i rise to continue debate on bill 12, the Police (independent investigations office) a mendment a ct, 2011. Prior to the break i was just talking about the Davies c ommission. Mr. Speaker: Members, would you move off to your other duties so the member can speak. J.

Kwan: i spoke about the history around the f rank Paul case. [l. r eid in the chair.] i was at the point where i was going to raise, as well, that there's an aspect of the f rank Paul inquiry that has not yet been completed. in fact, the Davies c ommission could not finish its work because the Ministry of a ttorney General, the criminal justice branch, challenged the commission's jurisdiction to inquire into its response to Mr. f rank Paul's death.

That was its decision: not to ap - prove criminal charges against any police officer. a t the time, the Davies c ommission ruled that he had the jurisdiction to inquire into the matters otherwise considered an aspect of crown's privilege. a n applica- tion for judicial review of the ruling was dismissed by the b.c.

Supreme c ourt on July 24, 2008, and the matter is now currently before the b.c. c ourt of a ppeal. t o that end, the matter is not yet complete, as it is still outstand- ing as to that aspect of the f rank Paul inquiry. [1430] The interim report, this report that i'm speaking about, "reports on all aspects of the inquiry's mandate, except as it relates to the response of the criminal justice branch" — which is now outstanding.

"Depending on the outcome of the litigation, the inquiry may hear evi - dence and then publish a final report into the branch's response." i actually think that this is critical to the issue at hand as it relates to bill 12.

The matter is that we require in - dependent investigations into these things, and where an inquiry is in place, there should be no barriers for the commissioner to finish his work. in this instance the Ministry of a ttorney General stood in his way, and as a result, we only have partial findings coming out of the tragedy of the death of f rank Paul. i want to touch on another case as well. before i do that, i do want to say, though, for the government to realize the importance of bill 12, i think there were ac - companying recommendations that should have been adopted by the government, by policy, in this l egislature coming out of the Davies c ommission.

The Davies c ommission actually recommended that, aside from an independent process, Vancouver city, the Vancouver c oastal h ealth a uthority and the provincial Ministry of h ousing and Social Development at that time — that's what the ministry was called — and the aboriginal community "jointly develop a comprehensive response to the needs of homeless chronic alcoholics within the city of Vancouver." That would include the following components: a civilian- operated program for attending to chronic alcoholics who are incapacitated in a public place; a civilian-operated so- bering centre; an enhanced civilian-based detox program; the provision of permanent low-barrier housing designated for the specific needs of chronic alcoholics which would offer palatable alcohol substitutions and managed alcohol programs; and finally, the provision of community-based, multidisciplinary assertive community treatment services.

That's part of the recommendations that come with the request for an independent investigative process. So far a lot of these recommendations have just been left sitting on the shelf with the commission's work, and i think that's a shame.

So the work is not yet done. if we're to honour the death of f rank Paul, then we'd bet - ter get on with it with respect to the implementation of the other recommendations. i want to touch on another situation that i think re - ceived some media attention, but still the case, i think, is very significant. i think as of yet nobody in this cham - ber has mentioned this case and put this on the public record. This is the case regarding a man, Mr. Y ao Wei Wu, who was beaten up by the Vancouver police in his own home.

The situation was such that the police had shown up at this man's house at around two o'clock in the morning and knocked on his door. The man woke up and sort of went to the door. Then, according to reports, Mr. Wu was beaten up by the police, and he sustained severe in - juries to his eye, to his body and so on. it wasn't until later that the police realized that they had the wrong man. in fact, they went to the wrong door. There was a domestic dispute call that came in, in the area there, and the police came to this house. When Mr.

Wu opened the door, the police thought that that was the man and then began to assault the man, resulting in him suffering, as i understand, severe injuries. l ater on the ambulance then called c antonese- speaking officers, because Mr.

Wu didn't speak english fluently. it wasn't until later that they realized that they got the wrong man. n ow, i have to say the Vancouver police did apologize for this incident fairly quickly, because it hit the media fairly quickly, particularly in the a sian media outlets. it hit the media fairly quickly, and the police did apologize for that incident. but at the same time the police also

british c olumbia Debatest hursday, May 26, 2011 7475 issued a statement alleging that Mr. Wu had resisted ar- rest, and that's the reason why he was beaten up. [1435] The Vancouver police had to retract that statement subsequently as well. The matter is now actually before the courts, of course, as we know.

The further situa - tion to this, which i find extremely disturbing, is that the matter was referred to a police investigation. in the system, the way in which it was, the investigation was done not independently, shall i say. in other words, it was actually investigated by other police officers in an - other jurisdiction. The result of that investigation said that the allegations made by Mr. Wu about the assault were not substantiated. This matter then went further than that to the point where Mr.

Wu retained legal counsel. it was also brought before the Police c omplaint c ommissioner, and the Police c omplaint c ommissioner had actually referred this matter to an inquiry.

So there's an inquiry underway, but little did we know, though, that the Vancouver police officers who were involved in this case are now challenging the in - quiry itself and have gone to the court to ask for the inquiry to be dismissed. a t the time of this case the police chief had said that there was no need for an in - dependent investigative process to be in place and that what was happening was just fine. i would argue that it wasn't fine. i can't help but won- der. h ad there been an independent investigative process into this case that Mr.

Wu now finds himself having to fight against the police officers for this inquiry, would the findings be somewhat different than what was reported and suggest that the allegations made by Mr.

Wu for the assault from the police are not substantiated? i think these are the kinds of cases that illustrate the point very, very clearly that we need a fully independent investigative process that is completely at arm's length. it raises the critical question in bill 12, and that is to say: should those investigative processes only go to an independent investigative procedure if it's a matter in - volving death or serious injuries? h ow does one define serious injuries? in the case of Mr. Wu, would you call that a serious injury sustained by Mr.

Wu, so therefore it warrants an independent investigative process? t o be frank, i think what is required is that these kinds of cases and the notion of not just death or serious injuries should warrant independent investigative pro - cesses. r ather where there are allegations of misconduct, where there are issues on the breach of trust from the po- lice system is at issue, these matters should automatically go to an independent investigative process. i think if we did that, then you would, in fact, go a long way to restoring confidence in our police system. We should all have confidence in our police system.

We rely on the police system in our communities, each and every one of us, for the job that they do. a t no point am i suggesting that the work of the po - lice officers is easy at all. in fact, they put their lives at risk every single day when they go to work, and i fully recognize that. That does not mean to say, though, that there are not situations of misconduct. f or that reason, accountability of the system and the procedures within the system are paramount, and that's how we can main- tain the kind of trust that is required in our broader community with respect to the police force.

The braidwood inquiry has brought forward, i think, really the issues at hand in a very high-profile way, in a very tragic way, in a way that made all of us stop to think about this situation and about the investigative processes of the police, and so on. That said, there were many cases before that.

Those cases i think all attributed to bringing forward bill 12. [1440] The braidwood inquiry recommended: "'Police-related incidents' include but are not necessarily lim - ited to incidents in which a person dies or suffers serious harm… which involves possible contravention by a municipal police offi- cer or rc MP officer of any provision of the c riminal c ode or any other federal or provincial statute that, if the incident were investigated by a police officer, might in the minds of reasonable, informed members of the public undermine confidence in the police." That is a recommendation that came out of the braidwood inquiry, and that is, i think, what i'm speaking to. a side from just allowing for independent investiga - tive process into issues of death and serious injuries, i think that at a time, or any time, where the police force's conduct could have an effect of undermining the con - fidence of the public for the police force, we need to ensure accountability is there, openness is there and, most important of all, independence of investigative processes are in place.

So i say that bill 12 is indeed a baby step.

We have much to do in addressing this issue. i hope that the gov- ernment will allow for the Davies c ommission to finish its work so that we can actually see a final report coming out of the f rank Paul inquiry into this series of incidents that have occurred in our community. l ast but not least, as a preventative measure, i think that we need to bring in policies that address some of these issues that have been touched on by the Davies c ommission, which talks about the need for a sobering centre. i've written to Solicitors General over the years — actually, i think three or four at least — in that period where there've been ongoing changes with the gov - ernment around who is the Solicitor General, and i've written to the former ministers about this. i ask this minister to take up this cause so that the implementation of these preventative measures can be put in place so that the death of f rank Paul is not in vain, that we actually learn those lessons, that we put in place — yes, as a first step — investigative processes but will let the inquiry and the work of the Davies c ommission

british c olumbia Debates7476 t hursday, May 26, 2011 complete its final stages and have the a ttorney General's office not actually challenge the courts on the matter of the issue around potential charges related to the police in the f rank Paul case. finally, last but not least, to implement the rest of the recommendations in the Davies c ommission. i think we owe it to the Paul family. i think we owe it to the public, who want to see safety in our communities, who want to provide the kinds of services that are so neces - sary for those who are in need, who are vulnerable in our communities so that they, too, can be at the thresh - old of success at one day in their lives so that hope and dream of success can be realized. u ntil we do that work, i am afraid that many people's voices would be in vain, and i think that's not the pur - pose of this l egislature. it's certainly not the purpose of why i run for office. i want to effect change. i want to see the kinds of changes for the people, particularly for those communities who have little or no voice in our so- ciety.

They, too, are deserving — for the very reason that they're part of the human race. N.

Simons: it's my privilege to be able to take my place in this debate to talk about the bill 12 before the h ouse, Police (i ndependent investigations office) a mendment a ct, 2011. i would like to say, obviously, that i will be speaking in support of this bill but to point out, as is my responsibility as a member of h er Majesty's l oyal o pposition, how i might find ways of improving such legislation in order to better meet the needs of the people of this province. i think i'll start by saying that it's a good thing that we're having an independent oversight of police activ - ity and police-involved deaths. i think that's been a long time in coming, and i think nobody needs to be more pleased about that than police themselves. i worked very closely with many police officers in my previous employment as a crime prevention coordin - ator of the n orthwest t erritories. i've worked closely with police officers in my responsibilities as the director of child and family services — a lot of interaction with police officers. i see the difficulty of their job on a day- to-day basis. [1445] i might also acknowledge that they see the complex - ities of the job of a social worker, and more than one have told me on occasions that they would not want my job, as it also entails a number of difficult decisions and is fraught with its own series of challenges. i acknowledge and i respect the work that police offi - cers do. i used to be a teaching assistant at Simon f raser, where i often taught the course 369, which was ethics and interpersonal skills in the criminal justice system.

So i'd have plenty of opportunity to talk about the im - portance of following good procedure and discipline within an important and powerful agency in our com - munities, and that is the police. i think nothing is more important for our communities when it comes to the criminal justice system than to have trust in that first door to the criminal justice system, which is the police, and i respect the work that police do. i've spoken to many police officers who also agree that when they see something their colleague does that brings the entire police brother- and sisterhood into disrepute, i think it hurts them as much as it hurts our communities, just as when we hear something that maybe a forester does — cuts a tree too close to a stream. o ther foresters who obey the law and who practise eth - ically and in an environmentally sound way don't like to hear about those stories.

Police officers need to know that they're supported by the public. They need to know that the public supports them and that they are, in fact, part of the public. When i was teaching an introduction course on crim- inology, i often talked about the principles of Sir r obert Peel, who was considered the founder of modern-day policing. h e lived between 1788 and 1850. h e wrote down…. Some of you may remember when he origin - ally published his report. The nine principles of policing, i think, are as apt today as they were back then.

We can learn a lot from the principles that Sir r obert Peel put forward. l et me put them on the record so that in future the members from the government side will have an opportunity to research without having to go far from their desks, which might be helpful. The first of those principles is that the basic mission for which po - lice exist is to prevent crime and disorder. indeed, this is something that we all agree with. i think this is some - thing that, clearly, we see on many of the logos on the doors of police: to serve and protect.

Second is that to be able to perform their duties, they need to be dependent on public approval. i think that, obviously, public approval in the work of the police of - ficers is necessary for them to have confidence.

The third is cooperation with the police. in order to build cooperation with the community, there needs to be a good relationship, and that relationship is dependent on a num- ber of factors, none more important than mutual trust. f ourth, the degree of cooperation of the public that can be secured diminishes proportionately to the ne - cessity of the use of physical force. n ow, if members on the government side who nod blankly would consider that more closely, they'll realize perhaps that in fact our communities are protected not by the visible presence of guns and of armoured vehicles but of a police force that is an extension of the public.

The fifth principle is that the police seek and preserve public favour not by catering to public opinion but by constantly demonstrating absolute impartial service to the law. once again, it's self-evident that the primary role of police is to ensure that law is adhered to and that it is applied impassionately.

british c olumbia Debatest hursday, May 26, 2011 7477 n umber 6 is that police use physical force, to the extent necessary to secure observance of the law or to re- store order, only when the exercise of persuasion, advice and warning is found to be insufficient. once again it's talking about the gradual escalation of necessary force in dealing with the public when there are problems. n umber 7 is that police at all times should maintain a relationship with the public that gives reality to the trad- ition that the police are the public and the public are the police, the police being only members of the public who are paid to give their full-time attention to the duties of upholding the law. n umber 8: police should always direct their action strictly toward their functions and never appear to usurp the power of the judiciary.

That is, they perform their duties independently of the court system. finally, the ninth principle of r obert Peel's principles of policing is that the test of police efficiency is the ab - sence of crime and disorder and not the visible evidence of police action in dealing with it. in other words, it's sort of the Theodore r oosevelt "speak softly and carry a big stick." [1450] i think when you deal with policing that in effect re - flects the concerns of the public, you find a police force that is able to accept criticism, work from constructive criticism and improve the service that it provides to our communities. n ow, i heard one member of the government side say that this was great work in a timely manner.

The great work being referred to is the introduction of bill 12, which is a baby step in the right direction. When it's a step in the right direction, it's difficult to criticize. h owever, it does not go as far as the recommendations of public inquiries, of respected judges in this province who have looked at serious problems in our communities. We've seen custody deaths. We've seen examples of egre- gious overuse of authority and power.

W e've seen less on public events as well — the incident of the pepper spraying in Sechelt with the first n ations returning from a success- ful soccer tournament and engaging in a parade around their community, when the front vehicle was stopped and the confrontation resulted in pepper spray. i read the police investigation into themselves. i was greatly dissatisfied with the lack of objectivity of that report. i was not interested in criticizing individual offi- cers. i was interested in ensuring that what we can learn from an incident like that is learned.

What happens is there's a defensiveness, an under - standable defensiveness, when the agency doesn't have a structure that can be shown to be impartial so that the people who are concerned about the actions of police do not have to simply whisper or complain or criticize even the process that existed at the time for review. What we do need is independent, impartial oversight. This government showed an abhorrence of that idea when it came to problems within the child welfare sys - tem. This government was dragged into the new reality that there needed to be some impartial oversight of the child welfare system.

That did not come easily, and that did not come quickly. Y ears and years of fighting, in fact, years of pointing out the failures of the current system resulted in govern - ment finally taking action. in fact, a judge, once again, made recommendations on how to make sure that the child welfare system was overseen in an independent and objective way. This was not something that govern- ment wanted to do. in this particular case this may be a small step in the right direction, but it's a very, very slow in coming step.

We've had deaths that have resulted in the call for in - dependent investigation since 1998. in 2004 an apology was issued on the f rank Paul death, and recommenda - tions were made. it's not as if this government doesn't have the capacity to generate new legislation when it's politically expedi - ent to do that.

What i'm suggesting, to the very rapt attention of members opposite, is that when the will is there to maybe make some political points, it seems that government is prepared to act. in January of 2011 we saw a report issued by the r epresentative for c hildren and Y outh saying that 21 deaths of infant children in this province could have been prevented. a bsolutely. i think what one sees from that is the speed at which legislation or action from gov- ernment can be taken. in the same month we saw the tragic and unconscion- able slaughter of animals, which not only resulted in a task force within three weeks but legislation within two months and debate in this h ouse about the neglectful or horrific treatment of animals.

We have the capacity in this h ouse. it is our respon - sibility in this h ouse to address issues of public concern in a timely way. This legislation is very late in coming, but it's welcome. it is equally welcome as it is late, and i'm proud to support it. i think that it could certainly use some improvements. This h ouse is the place, is the chamber, in which such improvements should be proposed. i hope that they will be. i hope they'll be heard. We talk about debate. often we do have two solilo - quies following one another instead of actual debate and reconsideration.

That, to me, would be a wonder - ful thing to see. if we could in fact address the concerns raised by the community that this legislation only is used when there is a death or a serious injury…. i think the definition's not quite exactly right. [1455] i believe that in the interest of the public, incidents that bring police officers or police forces into disrepute must, in all occasions, be reviewed by independent oversight.

british c olumbia Debates7478 t hursday, May 26, 2011 We need to preserve our confidence in the police of our communities. They are the thin blue line, often re - ferred to as the thin blue line. We need to ensure they have the support necessary to conduct their business ad- equately, but we also have to make sure that they reflect the best interests of our communities.

The best interests of our communities means that they're transparent and accountable to the people of this province. i believe that this legislation brings us closer to that goal, and for that, i believe, we should be pleased. a ll of this reflects the importance of good consulta - tion and good inclusion of people in oversight of public affairs. i believe it's important to ensure that all the ne - cessary voices are heard. The necessary voices were heard in the f rank Paul in- quiry. important voices were heard in the Dziekanski inquiry. Whenever there's an opportunity to learn….

The Missing Women t ask f orce, unfortunately, has ex - cluded a number of important voices from being heard. i think that's something that the government should re - consider, when $6 million was available for the defence costs of the b.c. r ail accused and yet funding in equal amounts is not available to important aboriginal and women's groups in the Missing Women's t ask f orce. i think we see an inequity. i think we see a bit of…. it's bordering on some hypocrisy.

While i am pleased that this legislation is before the h ouse and i'm looking forward to supporting it in second reading, i do believe that there's an opportun - ity to make it better. What an opportunity. if we make it better, let's do our best to do so. With that, i will cede my place to the next speaker. Deputy Speaker: i recognize the member for Port c oquitlam. [a pplause.] M. Farnworth: i notice applause from across the way. h ow touched i am. interjection. M. Farnworth: n o, no, no. That's okay. n othing could distract me, and certainly not the minister.

That would be too much of a challenge even for him. interjections. M. Farnworth: n o, no, no. i was thinking on how i follow my colleague from Powell r iver–Sunshine c oast and the words that he spoke. Quoting Sir r obert Peel — i mean, that's pretty impressive.

My colleague says, "Quickly," and i guess, yeah, given the time and the number of speakers, i probably should get to the point, which is bill 12, the Police (independent investigations office) a mendment a ct. it is an import - ant piece of legislation, and i'm glad to speak on it because this is something that this side of the h ouse has been talking about and pushing the government on for quite some time. a s critic for Public Safety for the last few years, this has been an issue that i think has been an important one. i think all of us have recognized this needed to be dealt with. it has arisen out of some very tragic cases in british c olumbia over the last number of years in all parts of the province. a couple of them — the ian bush case is one; the f rank Paul case is another — really shook, and had an impact on, public confidence in policing in british c olumbia.

Particularly in the Dziekanski case, it really generated a significant discussion right across british c olumbia about how oversight of the police takes place in our province. it was timely in the sense that the rcMP con - tract was up for renewal. This was an opportune moment to be able to say: "We want change in british c olumbia in terms of how complaints against the police are dealt with, particularly when it comes to serious injury and to in-custody deaths and deaths in general." So the opportunity to make legislative change…. i think the time is now, and i'm glad to see this piece of legislation here.

The recommendations out of the braidwood inquiry into the r obert Dziekanski case, i think, are crucial in terms of understanding this par - ticular piece of legislation. The recommendations, i think, by and large, have been followed. i think it's im - portant to recognize that. [1500] Just to back up for a minute, we are in this province in a unique situation where we have municipal police forces and the rcMP . We've had one standard set of rules for dealing with municipal police forces and an - other set of rules for dealing with rcMP detachments around the province.

There's something not right in having separate processes, separate outcomes, separate ways of dealing with in-custody deaths and deaths and serious cases of injury.

There is a principle that one standard should apply to everybody, and i think that that's something that the vast majority of people in this province would expect. it's one standard of justice for everybody, and that's what this legislation does. i also think that instinctively, people understand that there's something not right about the police investigating themselves. t o me, one of the most important aspects of this legis- lation is that not only will it help to restore confidence in the police when these types of issues are dealt with, but it's good for the police as well.

That is one of the key as - pects of this legislation, because i think it's important that the police know themselves (1) that there's one standard for everybody and (2) that the changes we are making will in fact restore and increase public confidence, which is crucial for them to be able to do their job in the way that we expect them to be able to do their job.

british c olumbia Debatest hursday, May 26, 2011 7479 i think all of us in this h ouse recognize the important job that our police forces do in this province, the tre - mendous sacrifices they make, but also that in order to do that, there needs to be public support. That's crucial, and this bill goes a long way to doing that. it's important to recognize some of the comments from Justice braidwood, who says: "This reform will go a long way towards strengthening public confidence in our law enforcement agencies.

Public reaction was swift and vocal that the police should not investigate them - selves, and i encourage the people of british c olumbia to support this legislation. it certainly conforms to my recommendations." t o me, that's important, because Justice braidwood was the author of that report. Justice braidwood is the one who reviewed the legislation that has been tabled by the government.

The comments of Justice braidwood are a measure of the support that's there from the individual who authored the recommenda - tions but sends a strong message to the public that the changes he wanted to see happen, the changes we have called for in this h ouse over the last number of years, will in fact come into legislation. So i'm pleased that that's taking place. i do think that it is also, though, an opportune time to recognize that.... it is important that the public under - stands that these changes are taking place. The idea and the recognition of civilian oversight are crucial.

There is a model in ontario. british c olumbia's model will be somewhat different, but it will allow for — over the next number of years initial investigators can be police — a transition to fully civilian oversight. i think that's a strong step forward and will place this province at a leading edge in terms of how investigations take place.

That is good for the long-term confidence in poli- cing in british c olumbia. but i also think that it is appropriate for the op - position to be able to raise questions, particularly in committee stage, as to where, on recommendations that Justice braidwood had in place, it does veer from his report. i look forward to hearing the minister's explana - tions around that, particularly around the issue of the ombudsman on the oversight and the rationale and the reasons for the changes that were made. by and large, i am very pleased and supportive of this particular piece of legislation. i think it's one that is an indication that we as legislators have heard the public loud and clear and have learnt lessons from some of the tragedies that have taken place over the last number of years in this province.

When you look at some of the statistics in british c olumbia, it has been pretty concerning. We as a prov - ince led this nation in the number of in-custody deaths in this country.

That is a very disturbing statistic, and it's not one that we should be proud of. [1505] if this legislation helps to bring that down, if this legis- lation helps — along with other changes government can be making — to deal with those types of issues, then i think this legislation will serve the public well. i'm not going to speak for too long, other than to say that a lot of the questions in here have been asked in es - timates debate over the last number of years. i can tell you that i am pleased to see this before the h ouse with us debating it and discussing it. i look forward to the opportunity — along with the critic from our side for Public Safety, the member for burnaby–Deer l ake — of asking questions at committee stage and getting further clarification on some of the changes that have been tak - ing place. i just want to say that i'm very pleased to see this important step forward taking place. i look forward to voting in favour on second reading and on the final reading of the bill.

M. Sather: i am pleased today to stand up and speak in favour of bill 12, the Police (independent investigations office) a mendment a ct, 2011.

This has been a long time coming, but i think there had to be a process of evolution, if you will, to get us to this place where this valuable legislation could be introduced. c ertainly, there have been widespread, or at least strong in some cases, public statements and public complaints about the con - cept of police investigating themselves. of course, that centres around particular, very unfortunate incidents that happened. i think, perhaps, there was a time when the police — both municipal police and the rcMP , which this bill applies to — may have had some difficulty with a chal - lenge to their authority to investigate themselves. but i'm really pleased to see that the municipal police and the rcMP are supporting this legislation. i think it's very important that they see the value in it, not only for society but for their organizations as well. it must be very challenging, indeed, when your mem- bers are challenged by the public in the conduct of their duties.

This takes it out of the hands of the police and, i hope, makes it easier for them, as well as assuring the public that all due diligence is being done to deal with this kind of information. i have a close family member who's a police officer. a lthough i haven't spoken to him specifically about this issue, i'm sure that he, too, would be very pleased to not have to be involved in any way in any kind of direct intervention such as we had before this legislation was introduced. i think it's going to be helpful.

There are questions that arise around the issue of the definition, i guess, or the limitation to alleged miscon - duct by a police constable that caused severe harm or death. o bviously, those are situations that we want to have investigated. but members of families whose loved ones have been involved in these unfortunate inci -

british c olumbia Debates7480 t hursday, May 26, 2011 dents have said that they would have liked to have seen a wider net, if you will, as to who might be included under this legislation. n ow, the government is saying that they will bring in regulations that will encompass not only incidents involving death or serious harm and an allegation of po- lice misconduct but also other offences and offences that undermine public confidence in policing. [1510] i'll look forward at some point to seeing whether that does take place. i think it may be necessary because the net may not be wide enough. one of the speakers earlier on referred to the horrific incident that happened in Mission, a neighbouring mu - nicipality to where i live, where two individuals were shot in their home. one was found dead.

The other did not succumb to her injuries immediately. l isa Dudley remained living for four days until she was discovered, and she died shortly thereafter. The issue is around the due diligence of the police of - ficer in the case. Shots were heard by neighbours and were phoned in.

The officer apparently drove to the neighbourhood but did not go to the house and did not discover this very tragic event that i'm sure has trauma- tized her family to a very great extent. it's interesting, though, to know whether or not a case like that would be encompassed by this legislation as it now stands without regulation. i don't think that it would be, because the investigation can forward to the criminal justice branch misconduct that results in the two prescribed conditions or where there's a commit - ment of an offence under an enactment of canada. in this case i don't think that that would be the case. c ertainly, i don't think the officer could have been charged with an offence, and wasn't. h is punishment, if you will, was small, certainly — one day's docked pay, i think.

Y et the case was so horrific that one wonders if there shouldn't have been more consequence. on the other hand, i would say it has resulted in a change of protocol for the police, certainly the rcMP , whereby they must now either make contact with the complainant on site or must ensure that there is actual follow-up of a nature that could….

Y ou never can be positive that it's going to result in knowing what took place but could make it more likely. i made a complaint to the police in the middle of the night, the rcMP in r idge Meadows — who are doing a great job, i want to say — about shots that i heard in my neighbourhood. i was surprised when i subsequently got a call from the officer. h e discussed the specifics of it, and that was that. i was very pleasantly pleased that there was that kind of follow-up.

That's what the rcMP is doing now as a result of that very unfortunate incident, and that's a very good thing. i think that this bill will be supported by all mem - bers of the h ouse, and it should be. There may be some specifics, i'm sure, that the members leading our side of the discussions on this bill will have to say at third reading. i just wanted to read into the record some of the com- ments by Mr. Jim c hu, chief of the Vancouver city police. h e said: "it's a historic day for policing in our province.

This new legislation will increase the transparency of po- lice actions." [1515] That kind of cooperative atmosphere is going to serve us well. if the government decides to make further changes through regulation, then i think the ground - work is there for the kind of cooperation between the judicial branch, the government ministers and the po - lice agencies to make that possible. With that, i look forward to third reading at commit - tee stage, and i'll take my seat. Deputy Speaker: Seeing no further speakers, the minister closes debate. Hon. S.

Bond: i am very appreciative of the com - ments that have been made by members on both sides of the h ouse. i think this is one of those all too rare occasions where we actually recognize that this is an im- portant piece of public policy, that all of us recognize its time has come. i am going to resist the urge to work through the questions that have been provided in terms of things like scope, because in fact, as you read the bill, there will be a very broad scope. When we go back and look at how it will compare to ontario's, i think the members will be quite surprised that in fact there is a very broad list.

There will be a very long list and opportunities to look beyond simply those things that might be described by serious harm or death. [Mr. Speaker in the chair.] i very much appreciate the comments by the member for Port c oquitlam when he said that this needs to be good for police as well. a s i've listened to the description of the bill, it's been described anywhere from it's a baby step to it's a beginning step and it's a good first step.

This is a very powerful piece of legislation, and it's made more powerful by the fact that when we intro - duced the bill, it wasn't the government standing alone. in fact, i want to remind the members, and many have commented on this already, that we stood surrounded by police leaders from across british c olumbia — from across the rcMP and from municipal forces as well. i want to close with a few of those comments as a re - minder of why the bill is timely and why it's taken time.

We're actually at a place where we stand together with the police to suggest that it's time we move away from police investigating police.

british c olumbia Debatest hursday, May 26, 2011 7481 in fact, if you look at what Supt. t onia enger said…. She represents the b.c. a ssociation of c hiefs of Police, and she said: "The police are the guardian for the public, the people. There is nothing more important to us than public confidence and public trust. The b.c. a ssociation of c hiefs of Police applaud the gov- ernment in this step of introducing legislation. We look forward to working with government. The chiefs of police recognize it's in their best interest." c hief Jim c hu said: "i'm representing the b.c . municipal chiefs of police.

This is very important, public support of police actions, because for the last while there's been a lot of criticism of police investigations, especially in the cases of serious harm or death. These criticisms undermine public confidence. This new legislation will increase transparency of police actions. "a gain, i want to close by thanking the government for introdu- cing this important legislation." c ommanding officer Peter h ourihan of the rcMP: "'a s others have said before,' he said, 'the confidence the public has in police is paramount. We need it desperately, and the pub- lic needs it desperately.

The police need confidence in themselves. This type of legislation will enable that. it will provide further benefit to all. "'a s police officers,' the commanding officer said, 'when we join any police organization, we give up the right to be mediocre. That's a huge responsibility, but it's one we carry proudly. This kind of legislation will help the people in british c olumbia do a better job in british c olumbia.'" i can assure you that as we go through committee stage, we will walk through the discussions that we had with c ommissioner braidwood.

We didn't move away from the recommendations that he made without con - sultation and a true belief that this legislation reflects exactly what c ommissioner braidwood asked the gov - ernment of british c olumbia to do.

With that, i close with these comments made by Justice braidwood. h e said, on May 17: [1520] "by tabling this legislation today, the promise has been kept. i commend the government for its commitment to this much- needed reform. i salute, too, british c olumbia's municipal police forces and the rcMP , who have embraced the need for a civilian-based agency to investigate serious public-related cases.

This reform will go a long way towards strengthening public confidence in our law-enforcement agencies. i encourage the people of british c olumbia to support this legislation. it cer - tainly conforms to my recommendations." i hope that as we move forward and discuss this legislation, we'll all take time to remember those graphic and very tragic circumstances. it's appropriate to stop and remember r obert Dziekanski, ian bush and f rank Paul. i was so appreciative that Premier c lark took the time before the legislation was introduced on that morning to call the mothers of r obert Dziekanski and ian bush to tell them that we honoured the commitment we made to bring this legislation to the h ouse. but i want us also to stop and remember that every single day in british c olumbia, men and women who serve in police organ - izations put their lives on the line for every single one of us in british c olumbia.

They do it with honour. They do it with integrity. a nd as we bring this legislation forward, we need to remem - ber that the vast majority of men and women who serve in police forces across this province do so with integrity and with a purpose, and that is to make sure that all of us live in a safe, healthy and prosperous province. With that, Mr. Speaker, i move second reading. Motion approved. Hon. S.

Bond: n ow i move that the bill be referred to a c ommittee of the Whole h ouse to be placed on the orders of the day at the next sitting of the h ouse after today. bill 12, Police (i ndependent investigations office) a mendment a ct, 2011, read a second time and referred to a c ommittee of the Whole h ouse for consideration at the next sitting of the h ouse after today. Hon. G. Abbott: i call committee stage debate on bill 10, Wills, estates and Succession amendment act, 2011.

Committee of the Whole House bi ll 10 — Will S, eState S an D SucceSS ion aMenDMent a ct, 2011 The h ouse in c ommittee of the Whole (Section

b) on bill 10; l. r eid in the chair. The committee met at 3:24 p.m. on

section 1. L. Krog: My question to the minister is very simple. i'm just wondering why we need to add these sections. Were they not included originally for some reason, and if so, why? [1525] Hon. B. Penner: Just before i start, for those who may be watching this soon to be scintillating debate, i'm sure, seated to my left but to the viewers' right, i think, is n ancy c arter, executive director of the civil policy and legislative division within the Ministry of a ttorney General.

Seated to my right but to the viewers' left is t yler n yvall, legal counsel, civil policy and legislation division, Ministry of a ttorney General. Some of these provisions are not changing. Some are merely changing location but not content. There are a number of

definitions that previously were housed in

section 12 of the Wills, e states and Succession a ct. We had advice from legislative counsel. one of the drafters felt these

definitions would be better located in the gen - eral definition

section in

section 1.

british c olumbia Debates7482 t hursday, May 26, 2011 So that's a bit of housekeeping, i guess, in terms of legislative practice. Then there are some new

definitions or additional divisions for "n isga'a l ands," "n isga'a Village Government" and the "taxing treaty first nation" concepts, which are being added. i believe this has been done following consultation with the nisga'a. L. Krog: i'm happy to have that

section passed.

Section 1 approved. on

section 2. L. Krog: What's the impact of changing the definition of "nominee," and what's the purpose of it? [1530] Hon. B. Penner: t o the member's question, this

section would amend "nominee" to recognize that a committee appointed under the Patients Property a ct might only be granted powers in relation to the person's medical decisions and care. it is only intended that com- mittees granted powers over a person's financial affairs will be recognized as a nominee for the purposes of the act — so just to clarify the authorities that they have. There is also a change, if you look at subsection (

d) to the amendment. That's apparently a transitional provi - sion, because over time as the treaty is implemented, the provisions of the indian a ct that pertain in this area will gradually fade away. So i think the overall intention of the n isga'a treaty is to gradually wean themselves from the implementation of the indian a ct. Sections 2 to 4 inclusive approved. on

section 5. L. Krog: i'm just wondering why the change in the definition of "spousal home," and what impact will it have on the law? Hon. B.

Penner: i believe there are a couple of things happening here with this amendment. f irst of all, it's been flagged for me that we're changing previous lan - guage that talked about "joint ownership" to use the phrase "owned in common." There was some concern expressed on the part of the n isga'a that it could be in - terpreted as joint tenancy, and so the use of the phrase "owned in common" is meant to address that and make it clear it's not a joint tenancy situation that we're talk - ing about.

Then secondly, the definition of "spousal home" is being amended to ensure that the Wills, e states and Succession a ct provisions relating to a spouse acquir - ing a spousal home will generally apply to n isga'a or other treaty first n ation land. So that would be the de - fault provision — that the Wills, e states and Succession a ct does apply to first n ations treaty lands unless the n isga'a or other treaty first n ation land laws overrule the application of the spousal home provisions by re - stricting the transfer of the land. L.

Krog: r elying on the able advice the minister is receiving from his excellent staff, i'm just curious to know…. The term used here is "owned in common," as opposed to jointly owned. i'm wondering: contrasted with the understanding of a tenancy in common, is there any difference? [1535] Hon. B. Penner: The term "owned in common" is broader and can include and does include the concept of tenancy in common, but it's not restricted to a ten - ancy in common. Sections 5 to 10 inclusive approved. on

section 11. L. Krog: i just wonder if the minister could explain the effect of

section 11. it's fairly lengthy and includes a number of provisions. My reading of it is that it essen - tially preserves the right of the n isga'a peoples to restrict ownership of land to members of the n isga'a n ation. but, as i say, it's a fairly long series of sections and in - cludes a number of provisions, and i

Document details

Collection	British Columbia — Debates (Hansard)
Citation	H0526pm-03
Type	hansard
Volume / chapter	H0526pm 03
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f0478a90e3b1924a5db3e1d64572bb7708d75e1a

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