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Quebec
The Quebec National Assembly adjourned on
December 21, 1983 after a fall session lasting a total of 22 days.
The Assembly had convened pro forma on October
18 but the resumption of the session was postponed on a motion of adjournment
announced by Premier René Lévesque following a special meeting of his Council
of Ministers in Pointe-au-Pic.
The resumption of the legislative session
followed the announcement (on November 13) of a government recovery plan
designed to inject new vigour into the provinces economy. According to Premier
Lévesque s explanations, the plan contained short term objectives which must be
met before the end of 1985 as well as long-term objectives. In the short term,
the plan is designed to encourage the participation of all economic agents so
that the province's economy not only achieves but maintains a growth rate
higher than the Canadian average. This would result in a substantial decline in
unemployment.
The aim of the recovery plan is not merely
to create jobs quickly and to reduce unemployment immediately. In the long
term, it will lead to permanent improvements in the economy and will clear the
way for more important achievements in the years to come. To fulifil this
objective, the government opted for programs which will give lasting results
and strengthen the province's economic base. The principal measures announced
involve legislative initiatives affecting business. public investments,
research and development and labour and the announcement was the focal point of
debate during the fall session.
As soon as the Assembly reconvened, the
Opposition questioned the government about its recovery plan, particularly
after November 15 when the Minister of Finance, Mr. Jacques Parizeau, tabled
supplementary estimates totalling $62.3 million, a substantial portion of which
was allocated to the recovery plan. Thirty-two Liberal MNAs participated in the
budget debate and took advantage of question period to ask for more details
about the plan.
Legislative Initiatives
Despite a tumultuous start and ending to the
session, the Assembly did nevertheless succeed in debating 30 bills, 21 Of
which were given Royal Assent. Three bills were in fact omnibus bills: Bill 45
amending 15 municipal laws. Bill 50 amending 41 laws in various fields and Bill
54 amending 11 tax laws. Bill 51 called for the abolition of the Public Service
Department and for a revised Public Service Act.
The preamble to the legislation notes that
the purpose of the public service is to provide to members of the public the
level of service to which they are entitled. Chapter II spells out the rights
and obligations of public servants and establishes rights and restrictions with
regard to political activities. Chapter III stipulates that deputy ministers
and heads of organizations are responsible for managing the human resources
assigned to them. Chapter IV extends the provisions currently in effect with
respect to union activities. Chapter V calls for the abolition of the Public
Service Department and of the Office de recruterment et de sélection du
personnel, to be replaced respectively by the Conseil fu Trésor and by the
Office des ressources humaines. The Conseil du Trésor will be responsible for
drafting general policies respecting human resources management and equal
opportunity employment programs. The 0ffice des ressources humaines will be in
charge of public servant recruitment and promotions. The Public Service
Commission will have the duty of ensuring that the decisions made pursuant to
the legislation are fair and impartial. Chapter VI gives the government the
power to make regulations respecting ethics and discipline in the public
service. Chapter VII outlines sanctions that can be imposed if fraud is
detected in the course of a recruitment, promotion or reclassification
competition. The last chapter lists the temporary and permanent provisions of
the new legislation.
A bill to amend the French language charter
was fabled in the Assembly on November 17 by Mr. Gérald Godin, Minister of
Cultural Communities and Immigration. The purpose of the proposed amendments is
essentially:
a) to allow municipal institutions providing
services to persons the majority of whom speak a language other than French to
use this other language in addition to French in their name and correspondence.
b) to allow two persons within these
institutions to communicate with each other in the language of the majority of
people served by the institution.
c) to allow businesses specializing in the
sale of typically foreign or ethnic products to post bilingual signs outside
their establishments.
d) to exempt professionals who attended
secondary school for at least three years in Quebec from having to prove they
are sufficiently proficient in French to practise their profession.
e) to allow children to attend English
schools if their father or mother received their elementary education in
English elsewhere in Canada, specifically in a province where the education
services provided to Francophones are comparable to those offered to
Anglophones in Quebec.
f) to limit to administrative signs the
requirement to use standardized terms on public signs.
g) to clarify the responsibilities and
duration of the mandate of francization committees within businesses and to
allow the Office de la langue française to suspend or cancel the francization
certificate of a business if French no longer has the status the francization
programs were intended to give it.
Moreover, the bill amends a number of
administrative provisions, notably as regards the powers of the Office de la
langue française, the Commission, de toponymie, the Commission d'Appel and the
Commission de surveillance de la langue française which will henceforth be known
as the Commission de protection de la langue française. Bill 57 received Royal
Assent on December 21.
Revised Draft Standing Orders
On December 21 shortly before the Assembly
adjourned, the Speaker, Mr. Richard Guay tabled revised draft Standing Orders for
the National Assembly. This draft version incorporates the elements of
parliamentary reform agreed to by the Assembly in the spring of 1983. The
revised Standing Orders are drafted in a clear and rational manner. The draft
document contains a total of 299 Standing Orders grouped under six headings:
organization and operation, general procedure, legislative procedure, budget,
parliamentary control, integrity of Parliament and its members. The new
Standing Orders, which should come into force in March 1984, will reduce the
number of parliamentary committees from 27 to 9 and will alter their role by
allowing them to study on their own initiative regulations arising from
specific legislation or to debate the policies of public bodies or provincially
owned companies. The Opposition will also be given greater importance, since
three of the nine committees will be chaired by an Opposition member. In the
case of a committee chaired by a member of the governing party, the position of
Vice Chairman will be filled by a member of the Opposition. A committee of the
Assembly will not be allowed to sit in camera without the consent of a majority
of Opposition members.
Yvon Thériault, Indexing and Bibliographic Service, Legislative
Library, Ouebec, National Assembly.
Northwest Territories
The twenty-four members of the Tenth
Legislative Assembly of the Northwest Territories, elected in the November 21,
1983 territorial general election. took their seats for the opening of the
first session in Yellowknife on January 11, 1984.
The formal opening of the session was
preceded by several days of caucus meetings during which the MLAs nominated
eight members to serve on the nine-member Executive Council (the NWT equivalent
of a provincial cabinet) and on key posts in the Assembly and on its standing
committees. These nominations were put forward as formal motions during the
first of the two days of the session.
Donald M. Stewart (Hay River), who had
served as Speaker for almost all of the Ninth Assembly's term of office was
chosen as Speaker of the Tenth Assembly. James Wah-Shee (Rae-Lac La Martre) was
chosen Deputy Speaker, and Sam Gargan (Deh Cho) and Elijah Erkloo (Foxe Basin)
were named Deputy Chairmen of Committee of the Whole. Caucus chairman Michael
Ballantyne (Yellowknife North) was named Chairman of the Standing Committee on
Finance, Bob MacQuarrie (Yellowknife Centre) was returned as Chairman of the
Standing Committee on Legislation, and Lynda Sorensen (Yellowknife South) was
named Chairman of the Standing Committee on Public Accounts. Mrs. Sorensen, as
chairman of the Ninth Assembly's Standing Committee on Finance, spearheaded the
committee's re-organization into the Standing Committee on Finance and Public
Accounts with separate chairmen handling the two parts of the committee's
mandate.
The eight Members chosen to sit on the
Executive Council, which is chaired by Commissioner John Parker were: Tom
Butters (Inuvik), Nellie Cournoyea (Nunakput), Tagak Curley (Aivilik), Bruce
McLaughlin (Pine Point), Richard Nerysoo (Mackenzie Delta), Dennis Patterson
(Iqaluit), Nick Sibbeston (Deh Cho Gah), and Gordon Wray (Kivallivik).
Government Leader Mr. Nerysoo announced
portfolio assignments the next day, once Commissioner Parker formally accepted
the Assembly's recommendations for membership on the Executive Council.
Opening Address
In his Opening Address to the House
Commissioner Parker congratulated the Members on their election and noted that
"this House is an almost perfect representation of the ethnic population
of the Northwest Territories".
Remarking on the great progress toward
responsible government made by the Ninth Assembly, the Commissioner indicated
that the steps along the road to responsible government may now become. smaller
and the advances less spectacular than those in the past. "Careful work is
needed in order to consolidate our gains and to 'fine tune' the political and
constitutional mechanisms that we establish," he said.
"One of the surest ways to advance the
cause of responsible government in the Northwest Territories is to demonstrate
our ability to manage our own affairs," Mr. Parker said. Though the
efficient, effective conduct of everyday events, as well as major issues
including finances at all levels, we will prove to federal agencies, provincial
counterparts, and to the people and institutions of these Territories that we
have the capacity to handle increasing amounts of responsibility.
The Commissioner said he believed that an
emphasis on economic development and job creation would emerge as a major priority
during the Tenth Assembly. He emphasized the importance of working
co-operatively with industry and of co-ordinating resource use application
reviews with the federal government. At the same time. the policy of
decentralizing territorial responsibilities to the municipal level should be
extended to more communities and cover more services.
After two days of sitting the House
adjourned to February 3 to allow the new Executive Council members to become
familiar with their positions.
David Hamilton, Clerk, Northwest Territories Legislative Assembly.
Senate
Important changes took place in the Senate
with respect to its presiding officers since the new session opened on December
7. Senator Maurice Riel was appointed by the Governor General on December 16 as
the new Speaker, replacing Jean Marchand. who had earlier resigned from the
Senate following his appointment to the Canadian Transport Commission. Senator
Gil Molgat, was chosen on December 19 as the permanent Speaker pro tempore.
This is a new position and was established in response to the May 6, 1982
report of the Legal and Constitutional Affairs Committee which studied the
problem of the Senate appointing a Deputy Speaker. The committee fell that the
Senate did not have the legal authority to do so but suggested as an
alternative that the Senate elect a Speaker pro tempore at the beginning of
each session who would replace the Speaker when he or she was unavoidably
absent. Senator Molgat is thus the first occupant of this new position.
Membership on the several select and joint
committees was agreed to on December 19. Pursuant to the new rules adopted last
session Senate committees are now smaller with a membership of only 12 (with
the exception of the Committee on Internal Economy, Budgets and Administration
and the Committee on Standing Rules and Orders, whose membership is 15). Two
committees have been renamed. The Agriculture Committee, headed by Herb
Sparrow, is now called the Agriculture, Fisheries and Forestry Committee and
the Health, Welfare and Science Committee, chaired by Lorne Bonnell, is now
called the Social Affairs, Science and Technology Committee. A new standing
committee on Energy and Natural Resources, to be chaired by Earl Hastings, was
appointed, as well as a new special committee on National Defence, which will
be presided over by Paul Lafond.
Report on Senate Reform
On January 31, the Special Joint Committee
on the Reform of the Senate. which had been reconstituted early in December.
tabled its long awaited report. The Committee, headed by Senator Gil Molgat and
Paul Cosgrove, MP, conducted numerous public hearings across the country and
heard testimony from over 100 witnesses. Its main proposal was that the Senate
should be elected directly by the people of Canada. It felt that an elected
Senate is the only kind of Senate that can adequately fill what it saw as its
principal role: the role of regional representation. In arriving at its
conclusion, the committee rejected such reform alternatives as abolishing the
Senate completely, limiting reform to that of its system of appointment, or
making the Senate a facsimile of the German Bundesrat, whereby senators would
be merely delegates of the provincial governments. "Such a chamber"
the report stated would subordinate, in an inappropriate way, the federal
legislature to the executive branch of the provincial order of government. It
would make the federal Parliament 3 hybrid amounting to a monstrosity".
The committee emphasized that the powers of
an elected Senate should not be so strong that it would compete for supremacy
with the House of Commons. It therefore proposed that the new Senate b given
only a suspensive veto of a maximum of 120 sitting days over measures agreed to
by the Commons. Supply bills would be exempted from the procedure and would not
be subject to any delay. Also exempted would be measures having linguistic
significance. These could only be approved by a double majority: that is, by a
majority of francophone senators and by a majority of all senators. In these
matters, the Senate would have an absolute veto.
The report suggested that senators be
elected for a single term of nine years, with one-third of the senators being
elected every three years. As opposed to proportional representation, the
committee opted in favour of simple first-past-the-post elections in
single-member constituencies. It suggested that seats be allocated on the basis
of province and territory and proposed a compromise between provincial equality
of seats and representation by population. It favoured a system whereby most
provinces would have an equal number of seats but Ontario and Quebec would have
more and P.E.I. and the territories would have fewer.
While the committee admitted that its
proposals would require federal-provincial negotiation and subsequent
constitutional amendment, all of which will take time, it suggested that
certain reforms in the present Senate could be made now . For example, it
proposed the introduction of a fixed term for future appointments. a more
flexible use of the Senate s power in a way that could give the chamber a
suspensive veto, and the increased use of investigative committees. "The
implementation of these reforms the report concluded will provide a basis for
assessing how much more effective an appointed Senate would be and could
confirm whether the Committee is justified in its judgment that the election of
senators is necessary. The report will be undoubtedly the subject of
interesting debate in the coming months.
Gary W. O'Brien, Chief, English Minutes and Journals Branch, Senate
House of Commons
Twice in one week, Members of the House of
Commons received a summons through the Gentleman Usher of the. Black Rod to
attend the Governor General at the bar of the Senate. On the first occasion,
November 30, His Excellency in Parliament assembled read out a prorogation
speech marking the end of the longest session in Canadian parliamentary
history. The following Wednesday, December 6, he was again in the Senate to
preside over the opening of the second session of the thirty-second Parliament
with a Speech from the Throne.
The prorogation speech gave the government
an opportunity to put on record its assessment of the work accomplished during
the three and a half year session. Singled out for particular attention was the
patriation of the Constitution, the establishment of the national energy
programme, the implementation of the 6 and 5 public service wage-restraint
policy and the creation of a new grain transport price structure. In addition
the government noted that more than 150 bills received Royal Assent. Four of
these were sanctioned the very day of prorogation including one related to the
restructuring of the Atlantic fisheries and another removing the exemption of
Members and House employees from garnishment of salaries.
With the opening of the new session. the
government offered its agenda of legislative initiatives through the Speech
from the Throne. Even as the House was debating the Address-in-Reply, the
government introduced several major bills. The first of these was Bill C-3, the
Canada Health Act, sponsored by Monique Bégin, the Minister of National Health
and Welfare. The principle goal of this legislation is to eliminate extra
billing by doctors and hospital user fees. Introduction and first reading took
place on December 12,; second reading was given January 20.
Two days earlier, January 18, Robert Kaplan,
the Solicitor General introduced Bill C-9 proposing to create a civilian
Canadian Security Intelligence Service. A similar bill had been presentd in the
previous session, but had not gone beyond first reading. This new version takes
into account many of the recommendations that had been proposed by the special
Senate committee set up in the first session to study the bill. Nonetheless,
the passage of the bill may still prove somewhat difficult. In protest against
the government's decision to provide advance copies of the bill to the press,
the opposition forced a recorded division on both the introduction and first
reading motions and obliged the bells to ring for several hours.
Two other major bills were brought in by the
Minister of Justice, Mark MacGuigan, in mid January and early February. The
first, Bill C-10, seeks to amend the Divorce Act. The proposed legislation
would simplify line current law by making marriage breakdown the sole basis for
divorce. In addition to reducing the present three-year separation period to
one year, the bill would make it easier for the courts to enforce maintenance
payments. It would also extend the category of persons who might apply for
custody of any children involved or might be entitled to visiting rights. These
amendments constitute the first significant changes to the Divorce Act since
1968.
The second bill introduced February 7 by the
Minister of Justice is a massive 300 page document which seeks to overhaul much
of the Criminal Code. One important provision of Bill C-1 9 will allow for a
crackdown on violent crime through the imposition of mandatory sentences. The
bill also includes changes to make the justice system more responsive to the
victims of crime. Additional provisions amend the law on drunk driving contempt
of court prostitution, pornography and computer crime. Still another part of
the bill would replace controversial writs of assistance with telephone, search
warrants to be used only when it is impractical to, a police officer to apply
in person to a conventional warrant.
All these bills were presented before the
debate on the Address-in-Reply had been concluded. The nine days of the debate
allowed under Standing Order 42 were stretched over the period of several weeks
from the beginning of the session in early December to the first days of
February. Perhaps the most interesting day of the debate was February 9 when
Prime Minister Pierre Elliott Trudeau reported to the House on his peace
initiative. In his address, Mr. Trudeau mentioned his recent trips abroad and
spoke of his efforts to urge the world leaders to improve contacts between East
and West and to explore areas of common interest. He cited with gratification
the recent NATO study which proposed a full review of the steps NATO can take
to improve East-West relations and suggested that such an outlook would help to
give purpose to Western military security policies.
Replying on behalf of the Official
Opposition, Brian Mulroney qualified his endorsement of the Prime Minister's
peach efforts with a request for greater consultation between the government
and Parliament. He went on to point out that the cornerstone of Canada's
security was NATO and that the national commitment to that alliance should be
sustained by increased military spending particularly in the area of
conventional weapons. In building up such weapons, he claimed, the alliance
could eventually reduce its reliance on nuclear armaments.
Ed Broadbent. speaking as the Leader of the
New Democratic Party, urged the government to consider undertaking actions in
support of nuclear disarmament. Mr. Broadbent proposed four measures in keeping
with that objective including support of Sweden's nuclear freeze resolution at
the United Nations and the renunciation of first-strike use of nuclear weapons.
He concluded his remarks by criticizing the government's agreement to permit
the cruise missile tests.
As Parliament enters into its fourth year,
thoughts are turning to the prospect of the next general election. It was
perhaps the present standing of the parties in the popular opinion polls.
together with the festive atmosphere of the pre-Christmas season, which led the
Conservative opposition to insist on the resignation of the government
following a defeat of a clause in an income tax bill during its study by the
Committee of the Whole just before the Christmas adjournment. The government
Liberals, however, replied that the voting procedures had been irregular and
that in any event the vote hardly necessitated an election. The one day tempest
saw accusations and challenges hurled from one side of the House to the other
until, just as suddenly as it had appeared, the storm passed and the House
adjourned for Christmas.
Committee Reports
In the final days of the first session the
Standing Committee on Privileges and Elections tabled the report of its
findings related to the Mackasey affair. The previous spring, Bryce Mackasey had
claimed that the Montreal Gazette had falsely accused him of being a paid
lobbyist and had consequently infringed his privileges as a Member of the
House. The report of the committee, presented by the chairman Maurice Foster
found that the allegations were indeed unsubstantiated and that the reputation
of the honourable Member for Lincoln had been adversely affected.
On December 15 the House received the first
report of the Parliamentary Task Force on Pension Reform which had received its
order of reference in March 1983. After many hearings across the country, the
Task Force, headed by Douglas Frith, submitted a series of recommendations
which would lead to sweeping changes to the private and public pension systems.
In all the special committee made 65 proposals dealing with all aspects of
pensions including the problems of inadequate incomes for the elderly, the
challenge of sustaining pension support in times of inflation, the hardships
resulting from the limited coverage provided to many employees and the lack of
pensions of any kind for many women, particularly housewives.
With the one year trial period for the
provisional Standing Orders soon to expire, the House empowered the Special
Committee on Standing Orders and Procedure to study certain proposals which
would modify the new rules. The changes related to deferring votes from Friday,
the schedule for Private Members' Business and a recess period of one week
between Christmas and Easter. The committee under the chairmanship of Tom
Lefebvre, reported back to the House December 15. A motion proposed by Yvon
Pinard, the Government House Leader which was based on the committee's
recommendations was adopted the following week. This motion also extended the
life of the provisional Standing Orders 120 days into the first session of the
next Parliament.
Charles Robert, Procedural Clerk, Table Research Branch, House of
Commons.
Ontario
The Ontario Legislature prorogued on
December 12, 1983 after 92 sitting days. The session lacked any overriding concerns
as a wide range of issues excited the opposition's attention and the
government's ministrations.
The safety and economic stability of Ontario
Hydro's nuclear commitment came up frequently in question period, as did
government policy on nursing homes and homes for the developmentally
handicapped. With the tabling by Consumer and Commercial Relations Minister Dr.
Robert Elgie of a white paper on regulation of the trust company industry the
government's handling of the so-called "Greymac Affair" again came to
the fore.
Members of the Public Accounts Committee,
particularly Liberals Jim Bradley and Eric Cunningham and New Democrat Ed
Philip expended considerable energy, both in Committee and in the House,
decrying the government's advertising expenditures and its management style.
The opposition attempted to embarrass the government with allegations that
conflict between Deputy Minister of Government Services Alan Gordon and Douglas
Wiseman was responsible for the latter's removal from cabinet. Government
spokesman led by Premier William Davis scoffed at this interpretation, and
while Mr. Gordon did resign from the public service, the government was
electorally vindicated by a smashing by-election victory in Eastern Ontario.
On the economic front, the opposition
persistently questioned Treasurer Larry Grossman on what Liberal Leader David
Peterson styled the government's "waiting for Godot" policy on youth
employment, but the lion's share of attention was devoted to Bill 111, An Act
to provide for the Review of Prices and Compensation in the Public Sector and
for an orderly Transition to the Resumption of Full Collective Bargaining.
This was the successor to the politically
contentious inflation restraint package which seized the legislature in the
fall and early winter of 1982. The legislation removed the ceiling on public
sector wage increases but limited increases in the salary component of
provincial transfer payments to school boards, municipalities etc., to 5 per
cent. In effect charged the opposition, the result for the workers was the
same, but the political blame had been passed on to other levels of government.
"Smoke and mirrors" was Liberal
Finance critic Patrick Reid's view of the bill; he added that he was
particularly concerned with the inadequacy of the price control aspect of
legislation and with its imposition of an employers ability to pay criterion on
public sector arbitrators. Deputy NDP Leader Jim Foulds was more critical of
the bill's overall thrust, arguing that it sacrificed fairness in 'he treatment
of public sector workers for flexibility, and further that it did nothing to
solve the current economic crisis.
Bill 111 was not nearly so draconian a
measure as its predecessor, Bill 179, and generated substantially less
political confrontation. Accordingly, the procedural quarter tactics of the
previous year were almost entirely absent, with the result that Bill 111 had
third reading barely a month after its introduction.
Among the more significant government bills
dealt with in the House was Bill 100, The Courts of Justice Act, a major
revision and consolidation of legislation pertaining to judicial
administration. The bill was the subject of public hearings before the
Administration of Justice Committee in January. Late in the session, a new
Election Act was introduced, but not called for second reading. Its features
include reduction of the minimum period to 30 days, disqualification of voters
who are British subjects but not Canadian citizens and requirement of a $200
deposit for candidates. The bill will likely be reintroduced in the next
session.
On December 15, Mr. Grossman made his
pre-budget statement to the House in accordance with his new, more consultative
and informative approach to budget-making. His 50minute statement was a wide-ranging
analysis of the Ontario economy and a forecast for 1984 of economic indicators
and of government revenue. As a means to assist legislators and the public in
contributing to the budget process, the opposition claimed, it was next to
useless, for it proceeded from the assumption that taxes would not change and
did not seriously analyse the economic policy options open to the government.
The statement was referred to the Resources Development Committee for a single
day's consideration early in January. If exchanges of political rhetoric seemed
to overshadow economic debate on this occasion, still it was a start towards a
more meaningful role for the Assembly in the province's economic affairs.
New Democratic MPP Richard Allen brought
forward a controversial resolution which would have declared Ontario a
"nuclear free zone". This proposal stimulated extensive interest and
media attention and was formally debated on November 24th in an emotional yet
reflective atmosphere. Liberal John Sweeney put the issue starkly:
"whether we and our children and grandchildren shall live or die".
A Conservative member Yuri Shymko opposed
the motion, while welcoming the debate it engendered. Having survived the
bombing of Dresden during the Second World War, Mr. Shymko spoke from firsthand
experience of the horrors of war, but counselled strength as a response to the
Soviet threat. In the end, the resolution was defeated 64-38; the government
was solidly opposed, the New Democrats were unanimous in their support, and the
Liberals split 16 in favour, 11 opposed.
A noteworthy occurrence was the tabling by
the government on November 1 of a point by point response to the Social
Development Committee's 1982 report on Wife Battering. Many other legislative
committee reports had affected government policy or received oral responses
from Ministers in the House, but none had been accorded such a thorough written
response for presentation to the House. Opposition members, such as Richard
Johnston, who had initiated the Committee enquiry welcomed the
"comprehensive response" by the government, while vigorously
disputing some of its conclusions, particularly those respecting funding for
shelters for battered women.
In the year-end flood of committee reports,
two were particularly noteworthy. The Resources Development Committee tabled
its long awaited study into Workers' Compensation. The report called for
extensive but essentially moderate revisions to the existing system of
compensation. The New Democratic Members of the Committee submitted a long,
angry dissenting opinion calling for wholesale revamping of workers'
compensation in Ontario.
The Social Development Committee released a
major study on child abuse, offering a wide range of proposals for dealing with
what Committee Chairman Alan Robinson called a particularly repugnant act. The
Committee's recommendations included broadening the scope of the provinces
Child Abuse Registry and amendments to The Child Welfare Act, so that
Children's Aid Societies would concentrate on prevention of child abuse and not
be burdened with the potentially conflicting responsibility for providing
family support services.
January was given over to committee
activities including study of a contentious government bill to permit the City
of Barrie to annex part of neighbouring Vespra Township, hearings on bills
dealing with the engineering and architectural professions and a tour by the
Select Committee on the Ombudsman through North eastern Ontario to visit
psychiatric and correctional facilities and several Indian reserves on the West
coast of James Bay.
Graham White, Clerk Assistant, Ontario Legislative Assembly
Alberta
As the fall sittings of the first session of
Alberta's 20th Legislature continued into November, an adjournment of 12 days was
announced, commencing November 5. It gave members time to study and receive
feedback on several Bills. The sittings resumed November 16 and subsequently
adjourned November 30.
During the fall sittings a total of 44
government Bills received royal assent. Three in particular, proved to be quite
controversial. One of these was Bill 110, the Labour Relations Amendment Act,
introduced by Labour Minister Les Young on November 18. Under this legislation
unionized construction companies are permitted to create non-union subsidiaries
under certain conditions. On November 29 an estimated 4000 demonstrators
gathered on the steps of the Legislative Building to protest the Bill. Their
opposition centered on provisions which they say are intended to destroy
unionism in the province.
During debate on the Bill, the government
indicated that a decision on proclaiming Bill 110 would be made by the end of
January but on January 31, Mr, Young announced that it would not be proclaimed
and would therefore not come into effect. An advisory group set up during the
fall to advise the Minister on the condition of the Alberta construction
industry is in place and is expected to offer recommendations to the Minister
for future government action.
Despite opposition protests Bill 81, the
Electoral Boundaries Commission Amendment Act, passed. Opposition concerns
centered on the change in the composition of the Commission from two government
members and two opposition members to three government members and one from the
opposition.
Another controversial Bill passed during the
fall sittings was Bill 98, the Hospitals and Medical Care Statutes Amendment
Act introduced by Hospitals Minister Dave Russell. This Bill allows hospitals
to collect user fees. This sparked promises from the federal Minister of Health
and Welfare, Monique Bégin, that she would introduce a new Canada Health Act
which would penalize provinces that allow extra fee billing.
A number of other important Bills also
passed Bill 91, the Pacific Western Airlines Act provides for continued broad
ownership of PWA once the government sells some of its stock. Bill 84. the
Vencap Equities Alberta Act establishes the maximum percentage of shares an
individual can own in Vencap. The government helped establish this venture
capital company with a $200 million loan and has the option to buy 50% of the
company's shares.
Both Bill 105, the Child Welfare Act and
Bill 113, the Young Offenders Act received first reading. The former is a
rewrite of existing legislation with clearer definitions of when a child needs
protection and the role of the family responsibility. It identifies foster
parents rights and responsibilities and includes revisions to adoption laws.
The Young Offenders Act proposes to change the age of majority in Alberta, for
the purposes of criminal charges, from 16 to 18.
A government motion moved by Jim Horsman.
Minister of Federal and Inter-governmental Affairs on November 21 established a
special select committee of the Assembly to examine "the appropriate role,
operations functions and structure of an Upper House in the Canadian federal
system. Information-gathering trips to other Canadian Legislatures have been
scheduled.
The opposition continued to complain that
Speaker Gerard Amerongen's rulings in the House are more harshly applied to the
opposition than to the government. On the final day of the fall sittings
Speaker Amerongen and Grant Notley leader of the Official Opposition, had a
heated exchange over a procedural matter, with Mr. Notley calling for an equal
application of rules to opposition and government members and Speaker Amerongen
suggesting that some remarks made by Mr. Notley were "totally
unparliamentary."
Scott Paul and Beverley K. Therrien,
Legislative Interns, Alberta Legislative Assembly.
Saskatchewan
On the morning of Thursday, November 17,
1983, the Second Session of Saskatchewan's Twentieth Legislature was prorogued.
The afternoon of that day saw the opening of a new session with the reading of
the Speech from the Throne by Saskatchewan's new Lieutenant Governor, Frederick
W. Johnson. The speech concentrated on issues such as job creation and on
striking "an appropriate balance between the private and public
sectors" in Saskatchewan. Initiatives indicated in the Speech from the
Throne included: agricultural legislation, changes to taxation and royalty
structures in the resource sector. an overhaul of the Trade Union Act, and the
creation of a Department of Science and Technology.
The Throne Speech debate which followed was
both lively and heated. Leader of the Opposition Allan Blakeney charged that
the government was devoid of ideas: "It's hard to believe that any
government could run out of steam and ideas in less than two years in office,
but this government has done so." And, while the Opposition demonstrated
an ability to be more aggressive than in the past, government members were also
often on the attack, with tough criticisms of the former NDP administration's
record.
The Assembly considered 28 pieces of
legislation during the fall session, including a bill to establish a Women s
Secretarat, an amendment to the Vehicles Act which extends legal protection to
medical personnel taking blood samples from people suspected of driving while
impaired, and legislation establishing the Agricultural Credit Corporation of
Saskatchewan. These and most of the other bills on the order paper were passed
before the Assembly adjourned for the holiday season on December 12, 1983.
During the session a Select Committee on
Fire Prevention Protection was established. Under the chairmanship of Ralph
Katzman, (Rosthern), the committee plans to hold public hearings throughout the
province and will report back to the House in the spring of 1984 on various
aspects of training requirements for fire brigades in Saskatchewan.
The Saskatchewan Table hosted an attachment
for the fall portion of the session: David Gussow, Deputy Principal Clerk in
the Table Research Branch of the House of Commons in Ottawa. served as a guest
Clerk at the Table.
David Mitchell, Clerk Assistant, Saskatchewan
Legislative Assembly
British Columbia
The session of the legislature which had
adjourned on October 21 resumed January 30, 1984 for the purpose of considering
estimates. After sitting for nine days estimates for sixteen ministries and
offices were passed along with the consequential Supply Acts. The House
prorogued on February 9 following the speech by the Lieutenant-Governor R.G.
Rogers.
The Editor
Manitoba
The Legislative Assembly reconvened on
January 5 after a 19 week adjournment. Upon a recorded vote, the Assembly
received the report of the Standing Committee on Privileges and Elections
regarding the subject matter of a Government Resolution seeking changes to
French language guarantees in the constitution (The Manitoba Act 1870, 33 Vic.,
c.3.). The report recommended that the Assembly proceed with the Resolution but
that it be amended to more explicitly delineate the Government's responsibility
with respect to the provision of communications and available services in
English or French and that municipalities and school boards be specifically
exempted from having to provide such services.
The newly-appointed Government House Leader
and Minister responsible for the Resolution, Andy Anstett, moved an amendment
to the Resolution to reflect the Committee's recommendations and further to
strike out the provisions respecting communications between the public and
certain government institutions in English and French. Instead, the Minister
proposed new legislation to require the provision of French and English
services at principal administrative offices of government departments, courts,
quasi judicial bodies, Crown corporations and other government agencies. The
bill also provided for language service districts. where English and French
services must be provided if 8% of the population or 800 people are of French
ethnic origin and the English language is the language first learned in
childhood and still understood by at least 800 residents, or 8% of the
residents. The bill also proposed the appointment of a Language Services
Ombudsman to enforce the legislation, as well as an advisory council to deal
with the implementation of services and recommend legislative changes.
It is Manitoba practice that the Government
House Leader calls the order of daily business. When the second reading motion
on the bill was called on 4 consecutive days, the Opposition. led by
newly-elected leader, Gary Filmon, moved to adjourn the House, and, when the
division bells were rung refused to return before the daily adjournment. On the
fifth day, the Opposition moved a hoist amendment to the bill. The following
day, Mr. Anstett gave notice of closure; it was moved and adopted on January 24
and the bill was then sent to Committee where 57 public representations were
heard. Detailed consideration of the bill was postponed, pending the adoption
of the Resolution.
Meanwhile, opposition to Mr. Anstett's
amendment to the Resolution mainly took the form of a rejection of section 23.1
which states: As English and French are the official languages of Manitoba, the
freedom to use either official language enjoyed under the law of Manitoba in
force at the time this section comes into force shall not be extinguished or
restricted by or pursuant to any Act of the Legislature of Manitoba.
On January 13. the Opposition moved a
sub-amendment which sought, in part, to delete section 23.1. Speaker, James
Walding. ruled it out of order, however, on the grounds that parts of it sought
to amend the main motion. Subsequently, a sub-amendment seeking only to delete
section 23.1 was moved. After some debate on the sub-amendment, closure was
moved. but on seven days the Opposition walked out when the division bells
rang. After Mr. Anstett moved, as a question of Privilege, a motion seeking
referral of the matter of bell ringing to the Rules Committee and the
imposition in the interim of a 2 hour limit on bell ringing in order to stop
what he charged was obstruction and a contempt of the legislature.
When the motion was proposed by the Chair, the
Government moved the previous question. This debateable motion was considered
until every member of the Opposition had spoken. When the vote was called, the
Opposition again decided not to respond to the summons of the division bells.
Unlike the earlier motions which became redundant at the time of daily
adjournment, this substantive matter meant the bells could ring continuously.
On February 21, after 5 days of bell
ringing, Premier Howard Pawley requested the Speaker to turn the bells off and
conduct the vote. The Speaker declined to do so. On February 23, the Speaker
met with Mr. Anstett and Opposition House Leader, Harry Enns, to be apprised of
the status of negotiations to date and to offer his assistance to resolve the
matter. No progress was realized. Despite a resolution passed by the federal
House of Commons on February 24, unanimously urging the Legislature to pass the
Resolution, the provincial Opposition continued to stay out of the House and
the bells continued to ring.
The Government, feeling it had no
alternative left, requested the Lieutenant Governor to prorogue the session
which was done on Monday, February 27th.
Gordon Mackintosh, Deputy Clerk, Manitoba Legislative Assembly.
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