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Manitoba
Most people in Canada are likely aware
that the Manitoba Legislature considered motions dealing with the Meech Lake
Accord in the latter part of June. Three months earlier the Assembly had
adjourned the second longest Session in the province's history and MLAs were
just resuming the detailed workload in their constituencies when the Session
was recalled. On Tuesday, June 12, after leave was granted to move directly to
Orders of the Day, Premier Gary Filmon, leader of the Progressive
Conservative minority government, requested leave to move a resolution
respecting the Constitution Amendment Act, 1987. The following is the
response as quoted in Manitoba's Hansard:
Mr. Speaker: Does the Honourable
First Minister have leave?
Some Honourable Members: Leave
An Honourable Member: No
Mr. Speaker: No leave? Leave is not
granted? There is no leave granted.
The Assembly met again the next
day. There was a short statement from the Speaker, the Hon. Denis Rocan,
in which he apologized for incidents which occurred the day before, when all
spectators could not be accommodated in the public galleries. Next, unanimous
consent was again sought by the Premier: to introduce the motion respecting the
Constitution Amendment, 1987. The Hon. Member for Rupertsland, Elijah Harper,
of the New Democratic Party, once more denied leave.
On June 14, the third day of the
reconvened 2nd Session of the 34th Legislature, after putting a number of
questions to the government concerning Meech Lake and issues specifically
affecting aboriginal people, Mr. Harper rose on a point of order. He queried
the legitimacy of the motions concerning constitutional amendments being listed
on the Order Paper for debate on this day on the grounds that it was contrary
to the notice requirements prescribed by the Rules of the House. After a recess
Mr. Speaker ruled in support of Mr. Harper's claims of procedural
irregularities:
The notices of the motions did not
appear in the Order Paper distributed in the House on June 12, and as he (Mr.
Harper) pointed out the revised Order Paper was not distributed to Members
prior to adjournment, although it was in the Chamber ready for distribution.…
Rule 51(2) reads as follows: `The
notice shall be filed with the Clerk before adjournment of the House for the
day, shall be printed in the Notice Paper and shall be placed on the Order
Paper two days afterward.' The effects of this rule were modified by Speaker
Phillip's statement of June 5, 1986, respecting compliance with the Supreme
Court of Canada judgment in the Manitoba language reference case which included
the following: `notices of motion filed with the Clerk's Office not later than
5:30 p.m. will appear in the Notice Papers on the 2nd day following filing;…'
Therefore, the five motions
referred to by the Hon. Member are improperly before the House today and may
not be proceeded with at this time. Of course, the Government may again file
the motions with the Clerk's Office.
With the procedural situation
clarified, on Friday and Monday, and once more on Tuesday, June 19, Premier
Filmon tried to obtain the required unanimous consent to move the resolutions
concerning The Constitutional Amendment Act, 1987. As it had done a week
earlier, for this date Hansard reported "Some Honourable
Members" agreeing to give leave, and "An Honourable Member"
saying "No".
On Wednesday, June 20, the
government was able to introduce the proposed motions regarding the
constitutional amendment without challenge, and to commence debate. As well as
others, all three Party leaders spoke: Premier Filmon, Liberal Leader Sharon
Carstairs, and the NDP's Gary Doer. The next day, as before, Mr.
Harper was the single person to address the government during the Oral Question
Period. He then proceeded to speak to the constitution amendment motion.
Up to and including June 22,
twenty-one of the fifty-seven Members of the Legislative Assembly addressed the
resolution. In addition: 3,792 members of the public had registered with the
Clerk's Office, waiting to present their views before the proposed Special
Committee on Constitutional Amendments. However, there was not unanimous
consent to extend the June 22 sitting beyond the normal adjournment hour of
12:30 p.m. The House, therefore, adjourned at that time--one day before the
Meech Lake deadline--to the call of the Chair on the advice of the government.
Ray Serwylo, Production Assistant, Hansard, Manitoba
Legislative Assembly
Saskatchewan
On May 22, 1990, Members of the
Saskatchewan Legislative Assembly welcomed to Saskatchewan Their Excellencies
the Governor General and Mrs Hnatyshyn. To mark the occasion of Mr. Hnatyshyn's
first official visit to his home province as Governor General, a public
ceremony was held in the Legislative Chamber to launch a new edition of the
publication The Canadian Monarchy in Saskatchewan. In his address to the
Assembly, Mr. Hnatyshyn spoke of the need for all Canadians to assume the task
of making Canada a more tolerant, stronger and united country.
On the theme of national unity, the
crisis over the Meech Lake Accord stirred the Government to introduce a motion
calling on the Saskatchewan Assembly to reaffirm its ratification of the
Accord. In moving the motion on May 31, Attorney General Gary Lane
commented that the Accord, while not perfect, had been intended as a first step
towards more fundamental constitutional reform by making the Province of Quebec
a signatory to the Canadian constitution. He stated that other reforms could be
dealt with at subsequent stages of the country's constitutional evolution.
Opposition Members discredited the process of constitutional reform and
expressed a concern that many Saskatchewan people have demonstrated a desire
for changes or additions to the Accord.
In addressing the motion, Premier Grant
Devine took the position that the Meech Lake Accord had a critical symbolic
importance for Quebec. He described the Meech Lake Accord as Quebec's passport
into Canada and forecast dire consequences if the Accord could not be accepted.
Opposition Leader Roy Romanow, in moving an amendment to the motion that
urged compromise, argued that the Premier had been swept away by an emotional
debate that had made everyone scared of the results of failure. He argued that
the spirit of compromise had been abandoned and replaced by emotionalism,
rigidity and confrontation. Mr. Romanow questioned why Saskatchewan, which was
the first English speaking province to ratify the Meech Lake Accord, should
have to make a reaffirmation. The debate was adjourned and no decision was
taken on the motion and amendment before the Assembly's summer recess.
The environment assumed a position
of importance for both sides of the Assembly. Both the Opposition and
Government introduced bills that sought to control the sale and use of
ozone-depleting substances. It was, however, the Government's bill that
eventually passed third reading stage. In addressing Bill 10, An Act
respecting the Manufacture, Sale, Use, Consumption, Collection, Storage,
Recycling and Disposal of Ozone-depleting Substances and Products,
Environment Minister Grant Hodgins made the point that the bill went
much farther than the international protocol by requiring an 85% reduction in
chlorofluorocarbons by the year 1998. Opposition critic Ed Tchorzewski
welcomed the bill but stated that it was the introduction of his private member's
bill; Bill 1, An act to amend The Environment Management and Protection Act
with respect to Ozone, that embarrassed the government into action.
Again on the environmental front,
the Environment Minister launched a "blue recycling box" programme for
the Legislative Building and Government offices. The Opposition had earlier
installed their own recycling bins. In June the Minister introduced Bill 36, An
Act respecting a Report on the State of the Environment, which will require
the Department of the Environment and Public Safety to produce an annual report
outlining the condition of the province's environment. Mr. Hodgins said the
report will be thorough and comprehensive, and communicated in a form
understandable to everyone. It will be, he suggested, the environmental
equivalent of the consumer price index.
Problems in agriculture continued
to draw the close attention of both sides of the Assembly. Three emergency
debates took place over the course of the spring session in connection to
agricultural prices, foreign grain subsidies and the farm aid to be delivered
by both the federal and provincial governments. Members from both sides of the
House moved numerous private members' motions that dealt with agricultural
issues. Nearly thirty hours was spend in the Committee of Finance debating the
crisis facing rural Saskatchewan.
In conjunction to the problems of
agriculture, both sides of the House expressed strong views on diversification
of the provincial economy. The Opposition criticized the Government by stating
that it had neglected local small business and community economic development
in favour of large corporations and mega projects. Government investment in the
Saferco fertilizer plant planned by the giant Cargill corporation came under
particular criticism. For its part, the Government maintained it would continue
to attract productive industry to the province.
For those communities facing
decline, a new initiative came from Economic Diversification and Trade Minister
Grant Schmidt, who introduced Bill 28, An Act respecting Investment
by Saskatchewan Residents in Support of Community Diversification and
Environmental Protection. The Minister indicated that the bill is designed
to help communities raise money for development projects through a government
guarantee on the principal amounts of money raised through the sale of
community bonds. The Opposition supported the objectives of community bonds but
suggested that it might be too little too late; an eleventh hour approach to a
problem long neglected.
The Spring Session was adjourned on
Friday, June 22, after sitting 67 days. The Assembly considered 51 public bills
and three private bills, a somewhat lighter agenda than usual. As an election looms,
the Government being in its fourth year, there is speculation that the Members
have concluded the last session of the twenty-first Legislature.
Gregory Putz, Clerk Assistant, Saskatchewan Legislative
Assembly
Senate
Every year before the summer break,
the pace of legislative activity picks up so that the government's priority
legislation can pass. In June alone, 15 Government Bills, 10 Private Members's
Bills to change riding names and 3 Private Bills from the Senate received Royal
Assent. Two committee reports dealing with studies of national interest were
also tabled.
Committee Reports
On June 12, 1990, the Chairman of
the Standing Committee on Energy and Natural Resources, Senator Daniel Hays,
presented the report of this committee, whose mandate was to determine to what
extend Petro-Canada had reached its objective and to evaluate this objective
with reference to the role Petro-Canada should play on the Canadian energy
scene. The committee was particularly interested in Petro-Canada's economic
performance, which it compared to that of Imperial Oil and Shell Canada.
Having studied the national oil
companies of Norway, Japan, Italy and Venezuela, the committee recommended that
the government consider creating an energy agency which, like the Japan
National Oil Corporation, would help ensure secure energy supplies by investing
in this sector without actually playing a management role. It also recommended
that the government ensure the existence of adequate competition in the retail
sales sector. Finally, most members of the committee believe that no decision
about privatizing Petro-Canada should be made until the government has
established its own energy policy. Copies of this report entitled
"Petro-Canada" can be obtained from the Coordinator of Senate
Information Services, 140 Wellington Street, Ottawa, Ontario K1A 0A4, (613)
992-1149.
Health Care in Canada
Following a study of problems in
short-term care hospitals and institutions, the Chairman of the Standing
Committee on Social Affairs, Science and Technology, Senator Lorna Marsden,
on June 13, 1990, tabled a report entitled "Accessibility to Hospital
Services--Is There a Crisis?". This study arose from a notice of inquiry
presented to the Senate by Senator Paul David on April 5, 1989.
The committee concluded that
hospitals providing active care obviously have problems that threaten access to
them, especially in large cities. One of its main recommendations is to
establish a national council for human resource planning in the health field
which would provide guidance and leadership in implementing solutions to the
problem of nursing staff shortages. The committee believes, however, that this
organization must work in cooperation with the provinces and professional
associations. Copies of this report may be obtained at the address give above.
"Officers" of
Parliament
On June 6, 1990, the Deputy Leader
of the Government in the Senate, Senator William Doody, moved in
accordance with section 53 of the Privacy Act that the Senate approve
the appointment of Mr. Bruce Phillips as Privacy Commissioner.
Subsection 53(1) of this Act states
that the Privacy Commissioner is appointed upon approval by a resolution of the
Senate and the House of Commons. The Government of Canada has five positions
that require the approval of both Houses of Parliament for appointments and
dismissals. They are the Auditor General, the Chief Electoral Officer, the
Commissioner of Official Languages, the Privacy Commissioner and the
Information Commissioner.
During a debate on this subject on
June 27, 1990, Senator Michael Pitfield, a former Clerk of the Privy
Council, highlighted the role and responsibilities of these
"officers" of Parliament. He also mentioned the principles underlying
this kind of appointment. Traditionally, the candidate must not be associated
with any political party and the government must do its utmost to ensure that
the person named is acceptable to all parties represented in Parliament.
On the basis of the principles
raised by Senator Kirby, this matter referred following a vote to the Standing
Senate Committee on Legal and Constitutional Affairs for consideration and
report.
Diane Deschamps, Senate Committee Clerk
House of Commons
The mood in Ottawa during the
summer was rather tenuous as many anxiously awaited the recall of the House on
September 24th to gauge more accurately the fallout from the failure of the
Meech Lake Accord in June.
The announcement on July 25 that
the independent Members from Quebec have formed a new "political
group", the Bloc Québécois, and the election of Gilles Duceppe in
Laurier- Sainte-Marie as a member of this new alliance signal the possibility
that there will be turbulent times in the House of Commons this fall.
The final days of the spring
sitting were predictably hectic ones, replete with the usual flurry of
committee reports and legislative activity. Concerns over the proposed Goods
and Services Tax continued to occupy much of Question Period, with the Meech
Lake Accord vying for time as the June 23rd deadline neared.
The Chamber's galleries were full
on May 29 for the recorded division on third reading of the abortion
legislation, Bill C-43. Protesters interrupted the proceedings during the vote,
causing the Speaker to twice suspend proceedings. The demonstrators were dealt
with by the House of Commons security staff.
On June 18, Members of the House of
Commons and the Senate heard an address in the Commons Chamber by Nelson
Mandela, the Deputy President of the African National Congress.
Special Committee
The Special Committee that was
created in December 1989 to study the Parliament of Canada Act and the
responsibilities and jurisdiction of the Board of Internal Economy tabled its
Third and Fourth Reports in the House on May 29 and June 1 respectively. The
Committee's recommendations touch on a number of areas affecting Members of
Parliament. The Third Report confirms the authority of the Speaker in regard to
the execution of search warrants within the precincts of Parliament.
The recommendations of the Fourth
Report include new powers for the Board of Internal Economy, principal one of
which is "exclusive authority to determine the propriety of any use by
Members of the House of Commons of sums of money, goods, services or premises
made available to Members for the carrying out of their parliamentary
functions." This authority extends to include a stipulation that no
criminal process may be based on a Member's use of such facilities unless the
authorities involved have previously obtained a ruling on the matter from the
Board of Internal Economy. As well, the Committee urged that the review of the
Member's Manual of Allowances and Services to be carried out by the Management
and Members' Services Committee encompass some of the Special Committee's areas
of concern, including a clarification of the use of House of Commons resources
for partisan activities.
Both reports were concurred in at
the time of tabling, and Bill C-79, an Act to amend the Parliament of Canada
Act, based on the Committee's recommendations, received second reading and
reference to the Special Committee on June 27 (the last day of sitting). The
Committee's final reporting deadline has been extended to December 13, 1990.
Changes in Party Standings
The period leading up to and
following the failure of the Meech Lake Constitutional Accord saw a number of
Quebec Members, both Conservative and Liberal, cross the floor to sit as
Independents. François Gérin (PC Mégantic- Compton-Stanstead) led the
way on May 18, 1990, followed by Gilbert Chartrand (PC
Verdun-Saint-Paul) and Lucien Bouchard (PC Lac Saint-Jean) on May 22,
and Benoît Trembly (PC Rosemont), Louis Plamondon (PC Richelieu),
Nic LeBlanc (PC Longueuil) and Jean Lapierre (Lib. Shefford) on
June 26.
One vacancy still exists in the riding
of York North. On June 7, the Speaker announced to the House that he had issued
his warrant to the Chief Electoral Officer for the issue of a new writ of
election for that riding, based on a ruling by the Ontario Supreme Court that
the election of Maurizio Bevilacqua (Liberal) is void and invalid.
Chris Trauttmansdorff, Procedural Clerk, Table Research Branch
Ontario
The Second and last session of the
34th Parliament was adjourned on June 28, 1990 in accordance with the
parliamentary calendar set out in the Standing Orders. This period was
relatively calm and the House only sat one evening to complete legislation.
After the failure of the Meech Lake
Accord, the Premier, David Peterson, made a statement in the House
outlining his government's response to the situation. However, he immediately
left the House after making his remarks and the Leaders of the two opposition
parties expressed their anger at the fact that the Premier did not remain to
hear their observations on the failure of the Accord. Procedural deadlock
followed, and the solution was a negotiated agreement among the three House
Leaders that saw the House adjourn early that day.
The House also passed a resolution
calling upon the federal government to "live up to the obligations set out
in the (United Nations) Convention of the Rights of the Child by putting in
place the policies, programs and legislation necessary to ensure that children
become our most precious natural resource in fact as well as in our societal
mythology."
The Speaker, Hugh Edighoffer
was asked for the first time to rule on an appeal from a decision of a
committee chair, a new provision adopted when the Standing Orders were amended
in October, 1989. Previously, rulings by committee chairs were subject to an
appeal to the committee itself. Now, rulings by committee chairs may only be
appealed to the Speaker, and only by a majority of the members of the committee
involved.
The appeal concerned a report from
the Business Sub-committee of the General Government Committee which called for
the Committee to consider a matter relating to a decision by the Premier to
stop a Commission of Inquiry concerning the development industry in the Region
of York before the matter was considered by Cabinet. Government members on the
Committee attempted to have the Committee's study of this matter delayed until
such time as another committee, the Legislative Assembly Committee, had
conducted its review of the impact of a recent decision of the Supreme Court of
Canada concerning the constitutionality of another Commission of Inquiry
concerning alleged improprieties involving Patricia Starr and officials
of the government of Ontario. The Chair of the Committee, Harry Pelissero,
ruled that the matter fell within the mandate of the Committee and that the
process permitting matters to be designated for consideration by the Committee
had been appropriately followed. This ruling was appealed to the Speaker by a
majority of the members of the Committee. Later the same day, in the House, the
Speaker confirmed the decision of the Chair of the Committee.
During the Session, 2 Private
Members' Public Bills passed. Bill 167, An Act respecting the Ontario Food
Terminal, sponsored by Norman Sterling, eliminated the monopoly of
the Ontario Food Terminal to run a wholesale food terminal in the regional
municipalities of Peel, York and Metro Toronto. Mr. Sterling had brought this
bill before the House at the request of the Standing Committee on Government
Agencies, of which he was the Chair. Bill 115, an Act to amend the
Representation Act, sponsored by Keith MacDonald, changed the name
of the electoral district of Prince Edward-Lennox to Prince Edward-Lennox-South
Hastings.
Committees
The Select Committee on Education,
chaired by Sterling Campbell, tabled its Fourth Report on Early
Childhood Education. Among other things, the Committee recommended a greater
co-ordination between the Ministries involved in providing care and education
to young children. The Committee recommended that the training provided to teachers
and child care workers be reviewed and that more courses specializing in child
care and early education be provided.
The Standing Committee on Resources
Development, chaired by Floyd Laughren, considered a Private Member's
Public Bill – An Act respecting East/Central Ontario Recreational Trails
Commission. After 2 days of consideration, the Committee reported the Bill
to the House without amendment.
During the last week of the
Session, the Standing Committee on Estimates, chaired by George McCague,
reported its second round selection of Ministries to be reviewed. However, the
pending general election has effected a cancellation of the Committee's
anticipated review.
The Chair of the Standing Committee
on Government Agencies, Norman Sterling, presented the Committee's
report to the House resulting from its review of the Ontario Human Rights
Commission. The review had been ordered by the House in July 1989 following
reports of alleged staffing irregularities. While the Committee did not find
any irregularities in staffing, the Committee made recommendations to
strengthen the Commission and to make it more effective. The Committee also
deposited with the Clerk of the Assembly its 17th report on various agencies,
boards and commissions reviewed since the 16th report. Contained in the latest
report were the Committee's findings and recommendations pertaining to the
College Relations Commission, Ontario Custody Review Board, Ontario Board of
Parole, Ontario Student Assistance Appeal Board, Ontario Training Commission
and the Apprenticeship and Tradesmen's Provincial Advisory Committees.
The Standing Committee on Public
Accounts, chaired by Ed Philip, tabled 2 reports. Report No. 1 reviewed
the section of the Provincial Auditor's 1989 annual report dealing with the audit
of the personnel classification system of the Human Resources Secretariat,
Management Board of the Cabinet. The Committee has requested progress reports
on the proposed new classification systems and made recommendations regarding
the grievance system. Report No. 2 reviewed deficiencies noted in Ministry of
Transportation driver and vehicle registration systems, also reported in the
1989 Annual Report. The Committee made recommendations on security controls,
reducing backlogs, and the Ministry's proposed evaluation of the new motor
vehicle permit system. The report also contained changes proposed by the
Provincial Auditor on the audit of government agencies. These changes would
necessitate changes to the Audit Act to allow the Auditor to expand the
value-for-money auditing coverage and to allow the office to contract-out
financial auditing functions.
The Select Committee on
Constitutional and Intergovernmental Affairs, chaired by Allan Furlong,
was authorized to consider the 1990 constitutional agreement signed at Ottawa
on June 9, 1990. The Committee recommended that the province remain committed
to meaningful Senate Reform, that it continue its efforts to address aboriginal
concerns, and that the Assembly ratify the 1990 Constitutional Agreement. The Committee
reaffirmed the recommendation of the 1988 Report of the Select Committee on
Constitutional Reform to incorporate multicultural heritages, aboriginal
rights, and gender equality rights named in the Charter as a feature of a
companion resolution on fundamental characteristics of Canada that would
accompany the Accord.
The Standing Committee on General
Government, chaired by Harry Pelissero, considered Bill 114, An Act
to amend the Ontario Lottery Corporation Act. The bill permits profits of
the Ontario Lottery Corporation to be allocated to government programs
dedicated to protection of the environment. The bill was reported to the House
and received Third Reading and Royal Assent.
The Standing Committee on
Administration of Justice, chaired by Robert Chiarelli, held extended
public hearings on Bill 107, An Act to revise the Police Act and amend the
law relating to Police Services, during May and June. Bill 107 was referred
to Committee on May 17, a short time after the alleged shooting of a Black youth
by a Metropolitan Toronto Police Officer. In order to permit a broader
discussion of policing services and community and race relations, a concurrent
reference was made to the Committee of the Report of the Race Relations and
Policing Task Force. Bill 107 was reported with amendments to the
Legislature by the Committee's required reporting date of Wednesday, 20 June.
At the same time, the Chair presented the Committee's Report of Submissions
on Police Services and Race Relations, which summarized the views of
witnesses appearing before the Committee.
On June 27, Mr. Chiarelli presented
the Administration of Justice Committee's report on Alternative Dispute
Resolution (ADR), the first major report of its kind by a legislative committee
at either the provincial or federal levels. The Committee found no jurisdiction
in Canada with a broad-based policy dealing with Alternative Dispute
Resolution.
In its report, the Committee
considered, and presented recommendations on, the extent to which Ontario
public policy should develop and encourage alternative means for the resolution
of disputes, both within and outside the established court system. The report's
nine recommendations range from requiring the province to build in ADR
procedures in new legislation, to the use of ADR in the resolution of native
claims. Mr. Chiarelli noted that, "Society is generally ahead of
governments on this issue. The inquiry has shown that the public want new and
better processes applied to settle situations of conflict, whether they be
neighbourhood disputes or issues of national significance."
The Special Committee on the
Parliamentary Precinct, co-chaired by Hugh Edighoffer and Herbert Epp,
has appointed the firm of Julian S. Smith, Architect, as heritage advisor
with responsibility for preparing in the next year a master plan for the use
and restoration of the Parliament Building.
Election
On July 30, 1990, the 34th
Parliament was dissolved and a provincial election was called for September 6,
1990. The standings at dissolution were: Liberals, 93; New Democrats, 18;
Progressive Conservatives, 17; Vacant, 2.
Tannis Manikel, Committee Clerk, Ontario Legislative
Assembly
British Columbia
The Fourth Session of the
Thirty-fourth Parliament continued sitting until Friday, July 27. With the
Select Standing Committees formed in early May several issues, new and
continuing, were referred. The Select Standing Committee on Finance, Crown
Corporations and Government Services received the financial planning and advisory
industry matter again; the Select Standing Committee on Forests and Lands
continued its review of log exports from British Columbia and the matter of the
Vancouver Log Market, reporting to the House its proposed recommendations on
June 27; the Select Standing Committee on Public Accounts delved into the
Annual Report of the Auditor General and the Public Accounts for the Province,
issuing its First Report to the Legislative Assembly on July 25; the Select
Standing Committee on Standing Orders, Private Bills and Members' Services
received several Private Bills and; the Select Standing Committee on Labour,
Justice and Intergovernmental Relations continued its review of the Builders
Lien Act and received the Structured Compensation Act to examine, as
well. The former legislation was reported to the House on Thursday, May 31, as
a First Report containing proposed recommendations and, subsequently, on
Thursday, July 26, as a Second Report modifying three of the twenty-four
original recommendations. The latter legislation involves the ability of the
court, in a personal injury or Family Compensation Act action, to make
an order that will facilitate the payment of damages to the plaintiff by means
of periodic payments. The Committee expects to conduct public meetings into the
Structured Compensation Act during the autumn.
Significant Speaker's Decisions
during the Spring Session included six privilege matters and two Urgent Debate
requests. On Tuesday, April 10, Mr. Speaker ruled that in relation to the
tabling of the public accounts in the House, a previous public accounts
committee recommendation was not contravened since there was a discrepancy
between direction and the method of tabling. On the same day, Mr. Speaker held
that announcements of proposed legislation by a Minister and subsequent
communications relating thereto by a member of the Public Service to the
principal permanent officers of the municipalities does not impede the House or
any member in the performance of their functions.
On Wednesday, April 11, Mr. Speaker
ruled that in the matter relating to interjections made by a member during
proceedings in the House, given that the offending member had apologized and
that the offended member had not tendered the appropriate motion at the end of
her statement, did not qualify as matter of privilege.
Mr. Speaker, the Hon. Stephen
Rogers, delivered his reserved decisions relating to allegations of breach
of privilege respecting the conduct of the Attorney General, evidence of which
was contained in transcripts of intercepted conversations subsequently tabled
in the House; respecting the conduct of the member originally tabling the
transcripts; a response by the Attorney General; further points of order aimed
at the member raising the matter of privilege against the Attorney General,
originally; and whether or not the Legislative precincts had electronic
listening devices in place. In essence, the case involved the publication of
intercepted radio-telephone communications between the Attorney General and a newspaper
journalist which became the subject of several inquiries in light of the
tabling in the Legislative Assembly of the contents of electronically
transmitted discussions. There were allegations of breach of the Criminal
Code, the Radiocommunication Act and contravention of the Privacy
Act as a result of the interception of the radio-telephone conversations.
In view of the several outside inquiries into the matter and new information
surfacing, daily, Mr. Speaker proposed that he withhold any further consideration
of the issues for the time being in order not to prejudice anyone. Mr. Speaker
was emphatic that electronic surveillance of Members of the Legislative
Assembly of British Columbia, even though it may not be in breach of other
laws, is a grave contempt of the British Columbia House.
On Tuesday, July 24, Mr. Speaker
ruled that in relation to a matter characterized as mis-statements of fact by a
Minister on presentation of a Bill in 1988, involved a difference of opinion as
to facts, upon examination, and that no breach of privilege existed.
Remarks attributed to a member
spoken outside of the House was raised as a matter of privilege and ruled upon
by Mr. Speaker on Wednesday, July 25 to the effect that since he had no
evidence that the remarks were actually made and, in any event, that he does
not have the power to order the withdrawal of words spoken outside the Chamber,
no matter of privilege existed. Mr. Speaker concluded a decision on a
subsequent related matter of alleged breach of privilege by stating that he had
observed the recent proliferation of complaints presented as matters of
privilege do little to enhance the dignity of the Chamber and he urged members
to consider their material with considerable care before rising on a matter which
they describe as a matter of privilege.
On Thursday, July 26, Mr. Speaker
ruled that the delay of raising matters that could be considered of urgent
public importance in the House is fatal to the application and while
recognizing that he wished not to diminish the matter, namely, aboriginal
peoples of British Columbia and their longstanding grievances, the Chair is
bound to apply the rules the House has adopted.
The House rose on Friday, July 27
having passed the Estimates for the fiscal year 1990-91; 75 of 80 government
bills introduced during the spring session; 4 private bills and; given First
Reading to 46 members' bills. Legislation receiving particular emphasis by the
House were the Electoral Districts Act, Carmanah Pacific Park Act,
the University of Northern British Columbia Act, the Referendum Act,
the Senatorial Selection Act, the Members' Conflict of Interest Act,
and the Public Sector Collective Bargaining Disclosure Act, among
others.
To date, in this Parliament,
committees of the House have held 229 meetings, received 1250 written
submissions, issued 25 reports to the Legislative Assembly and have been
referred 42 matters to examine. More than 41 public hearings have taken place
throughout the province including those held at the Parliament Buildings in
Victoria.
Joan L. Molsberry, Committees Secretary, Legislative Assembly
of British Columbia
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