1994 Legislative Session: 3rd Session, 35th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.

Nos. 82 and 83

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Thursday, June 9, 1994

Ten o'clock a.m.

Prayers by Mr. Doyle.

The House proceeded to "Orders of the Day."

Order for Committee of Supply called.

Pursuant to Sessional Order, order called for Section A of Committee of Supply (estimates of the Ministry of Education).

(In the House)

Bill (No. 46) intituled Child, Family and Community Service Act was committed.

Ms. Tyabji moved a proposed amendment to section 1 of Bill (No. 46) as follows:

SECTION 1, to change the definition to read:

" "aboriginal child" means a child

(a) who is registered under the Indian Act (Canada),

(b) who has a biological parent who is registered under the Indian Act (Canada),

(c) who is under 12 years of age and has a biological parent who

(i) is of aboriginal ancestry,

(ii) has been raised in aboriginal culture or an aboriginal community, and

(iii) considers himself or herself to be aboriginal, or" etc.

The amendment was defeated, on division.

Ms. Tyabji moved a proposed amendment to section 1 of Bill (No. 46) as follows:

SECTION 1, be amended by adding:

" "aboriginal" means a person of ancestry indigenous to the province of British Columbia or the country of Canada, and for the purposes of this Act, is someone residing in an aboriginal community;"

The amendment was defeated, on division.

Ms. Tyabji moved a proposed amendment to section 1 of Bill (No. 46) as follows:

SECTION 1, be amended by adding:

"parent" means

(a) the mother of the child,

(b) the father of the child, or

(c) the guardian,

but does not include a caregiver.

The amendment was defeated, on division.

Ms. Tyabji moved a proposed amendment to section 1 of Bill (No. 46) as follows:

SECTION 1, be amended by adding:

" "guardian" means the person lawfully charged with the legal right, duty, and responsibility to care for a child or person, and may include those rights to care for the child or person's property;"

The amendment was defeated, on division.

Ms. Tyabji moved a proposed amendment to section 1 of Bill (No. 46) as follows:

SECTION 1, be changed to read:

" "aboriginal community" means a body of aboriginal people living in one region or district, with a common aboriginal history, and sharing common interests;"

The amendment was defeated, on division.

Ms. Tyabji moved a proposed amendment to section 1 of Bill (No. 46) as follows:

SECTION 1, be amended by adding:

" "community" means a body of people living in one region or district, and sharing common interests;"

The amendment was defeated, on division.

The Committee rose, reported progress and asked leave to sit again.

Bill to be considered at the next sitting.

(In Committee -- Section A)

Section A of Committee of Supply reported progress.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 11.58 a.m.

Thursday, June 9, 1994

Two o'clock p.m.

The Hon. C. Gabelmann (Attorney General) made a ministerial statement regarding the findings of an investigation by Barbara Fisher, and by leave tabled the Report on the Process and Procedure in Supervising Jason Karl Gamache.

Mr. Dalton made a statement.

Mr. Weisgerber made a statement.

By leave, Mr. Wilson made a statement.

The House proceeded to "Orders of the Day."

The Hon. D. Miller (Minister of Skills, Training and Labour) tabled the 1992-1993 Annual Report of the Ministry of Advanced Education, Training and Technology.

Order for Committee of Supply called.

Pursuant to Sessional Order, order called for Section A of Committee of Supply (estimates of the Ministry of Education).

(In the House)

Bill (No. 46) intituled Child, Family and Community Services Act was again committed.

Ms. Tyabji moved the following proposed amendments to section 1 of Bill (No. 46):

SECTION 1, be amended by adding:

" "abuse" as any form of cruelty to a person or child's emotional or physical well-being which may be subject to criminal prosecution;"

SECTION 1, be amended by adding:

" "harm" the detrimental result to a person of an action; or an injury or loss to a person or child caused by any act by a person or agency;"

SECTION 1, be amended by adding:

" "neglect" absence of care or attention which may result in harm and may be subject to criminal prosecution, and may mean a refusal, indifference, or unwillingness to perform a responsibility or duty;"

The amendments were defeated, on division.

A proposed amendment on the Order Paper to section 1 of Bill (No. 46) was defeated, on division.

In consideration of section 1 of Bill (No. 46), the Committee divided as follows:

Ms. Tyabji moved a proposed amendment to section 2 (f ) of Bill (No. 46) as follows:

SECTION 2, be amended by changing subsection (f ) to read:

"the cultural identity of children is an important aspect of their ongoing education;"

The amendment was defeated, on division.

Section 2 of Bill (No. 46) was passed, on division.

Ms. Tyabji moved a proposed amendment to section 3 (b) of Bill (No. 46) as follows:

SECTION 3, be amended by deleting subsection (b).

The amendment was defeated, on division.

Section 3 of Bill (No. 46) was passed, on division.

Mr. Wilson moved a proposed amendment to section 4 of Bill (No. 46) as follows:

SECTION 4, be amended by deleting subsection (2).

The amendment was defeated on the following division:

Section 4 of Bill (No. 46) was passed, on division.

Ms. Tyabji moved a proposed amendment to section 5 of Bill (No. 46) as follows:

SECTION 5, be amended by adding subsection (4):

"The parent may terminate the agreement at any time, if, in the opinion of the parent, the services of the director are no longer needed by the family."

The amendment was defeated, on division.

Section 5 of Bill (No. 46) was passed, on division.

Section 6, as amended, was passed, on division.

Section 7 of Bill (No. 46) was passed, on division.

Ms. Tyabji moved a proposed amendment to section 9 (1) of Bill (No. 46) as follows:

SECTION 9, be amended by deleting (1) (a) and renumerate subsections to add:

(b) provides a written statement from his or her parent of the parent's unwillingness to assist, or

(c) provides evidence to the director of his or her need for assistance,

The amendment was defeated, on division.

Sections 9 and 10 of Bill (No. 46) were passed, on division.

Mr. Weisgerber moved a proposed amendment to section 13 of Bill (No. 46) as follows:

SECTION 13, be amended by deleting paragraph (1) (e) and subsection (2) and substituting therefor the following paragraph:

(e) if the child is suffering severe emotional abuse caused by the parent's conduct;

The amendment was defeated, on division.

Ms. Tyabji moved a proposed amendment to section 13 (1) of Bill (No. 46) as follows:

SECTION 13, be amended by deleting from (1) (a), (b), (c) and (d): ". . . , or is likely to be, . . .".

The amendment was defeated, on division.

Ms. Tyabji moved the following proposed amendments to section 13 (1) of Bill (No. 46):

SECTION 13, subsection (1), sub-subsection (a) be amended by adding after ". . . parent":

"or if the director has tangible evidence that the child will be harmed;"

SECTION 13, subsection (1), sub-subsection (b) be amended by adding after ". . . parent":

"or if the director has tangible evidence that the child will be sexually abused or exploited;"

SECTION 13, subsection (1), sub-subsection (c) be amended by adding after ". . . protect the child":

"or if the director has tangible evidence that the child will be physically harmed, sexually abused or sexually exploited if the director does not intervene;"

SECTION 13, subsection (1), sub-subsection (d) be amended by adding after ". . . parent":

", or if the director has tangible evidence that the child will be physically harmed because of neglect by the child's parent;"

The amendments were defeated, on division.

Ms. Tyabji moved the following proposed amendments to section 13 of Bill (No. 46):

SECTION 13, subsection (1), be amended by deleting subsection (g).

SECTION 13, subsection (1), sub-subsection (l) be amended by adding after "in force":

", and the director has tangible evidence to that effect".

The amendments were defeated, on division.

A proposed amendment on the Order Paper to section 13 (1) of Bill (No. 46) was defeated, on division.

In consideration of section 13 of Bill (No. 46) the Committee divided as follows:

The Committee rose, reported progress and asked leave to sit again.

Bill to be considered at the next sitting.

(In Committee -- Section A)

Section A of Committee of Supply reported progress.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 5.59 p.m.

EMERY BARNES, Speaker

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