2006 Legislative Session: 2nd Session, 38th Parliament


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


[ Progress of Bills . . . ]

Nos. 76 and 77

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia


Thursday, November 23, 2006


Ten o'clock a.m.

Prayers by Ms. Karagianis.

The Speaker delivered his reserved decision as follows:

Honourable Members:

Yesterday, the Member for Vancouver-Mount Pleasant sought to move adjournment of the House under Standing Order 35 to discuss a definite matter of urgent public importance, namely, the need to increase the shelter portion for welfare recipients to address the growing homeless crisis in British Columbia.

The determination of whether a matter comes within the parameters of Standing Order 35 involves a finding that the business of the House should be set aside to consider the matter raised. I have carefully considered the Member's statement as well as the response from the Government House Leader.

An examination of Hansard reveals that issues surrounding homelessness have been the subject of on-going numerous debates during this session in Committee of Supply, during the Address-in-Reply to the Speech from the Throne, during Oral Questions by Members, Statements by Members and Private Members' Statements. The on-going nature of the matter raised by the Honourable Member has the effect of excluding the matter from the scope of Standing Order 35.

The words urgent and public importance, as stated in Standing Order 35, suggest a sudden and unexpected occurrence i.e. an essential element of suddenness. The emergence of new information, namely, the release this week of a survey on homelessness and street disorder does not, in itself, make the matter one of urgency.

The Chair is also satisfied that Members have availed themselves of numerous parliamentary opportunities during this session for raising and debating the matter.

While the Chair recognizes the seriousness of homelessness and its consequences in British Columbia, the Honourable Member's application under Standing Order 35 cannot, however, succeed.

Hon. Bill Barisoff, Speaker

The Hon. J. Les made representations regarding the point of privilege raised yesterday by Ms. James.

The Speaker stated that he would take the matter under advisement.

Mr. Rustad asked leave of the House to suspend the rules to permit the moving of a motion to adopt the Report recommending the appointment of Mary Ellen Turpel-Lafond as B.C.'s first Representative for Children and Youth.

Leave was not granted.

The House proceeded to "Orders of the Day."

And then the House adjourned at 10.12 a.m.


Thursday, November 23, 2006

Two o'clock p.m.

Order called for "Members' Statements."

The Speaker delivered his reserved decision as follows:

Honourable Members:

Yesterday the Leader of the Official Opposition rose on a matter of privilege. She alleged that the Member for Chilliwack-Sumas, the Solicitor General, had deliberately misled the House in November 2005 in his description, during Question Period, of the powers of the Chief Coroner under the Coroners Act and in regard to administration matters in relation to child death reviews. A statement outlining the matter, a briefing note and excerpts from Hansard were tabled. Today the Solicitor General made a submission. I wish to thank both Members for their submissions.

I note that the quotation attributed to the Minister does not appear in the tabled excerpts from Hansard, although it does appear elsewhere in Hansard on November 17, 2005. In matters of this nature, the Speaker's role is to examine the representations of the parties and any evidence presented, to determine whether there is a prima facie case of breach of privilege in the parliamentary sense.

A review of the documents tabled, the Hansard transcript for Question Period yesterday and the Minister's submission today indicates clearly that the Minister and the Leader of the Official Opposition differ in their interpretation of the provisions of the Coroners Act and in the administrative arrangements put in place for child death reviews. In reviewing the briefing note, I note that opinions are presented which could be used to support both sides of the debate. I cannot, however, find any indication that a deliberate misleading of the House occurred.

A difference of opinion as to the interpretation of an Act may be the essence of debate but cannot qualify as a breach of privilege.

In numerous Speakers' decisions in this House and in other jurisdictions it has been ruled that a dispute between Members as to facts does not constitute a prima facie case of breach of privilege (see Parliamentary Practice in British Columbia, 3rd edition, page 294).

Accordingly, I cannot find that a prima facie case of breach of privilege has been made out.

Hon. Bill Barisoff, Speaker

Order called for "Oral Questions by Members."

Mr. Robertson asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance, namely, the need to ensure all British Columbians have access to safe drinking water.

The Hon. M. de Jong made representations.

Mr. Farnworth made representations.

The Speaker stated that he would take the matter under advisement.

Mr. Macdonald presented a petition requesting an amendment to section 78 of the Wildlife Act with respect to Karelian Bear Dog teams.

Mr. Rustad asked leave of the House to permit the moving of a motion to adopt the Report of the Special Committee to Appoint a Representative for Children and Youth for the Second Session of the Thirty-eighth Parliament which recommends the appointment of Mary Ellen Turpel-Lafond.

Leave was not granted.

The House proceeded to "Orders of the Day."

And then the House adjourned at 3.00 p.m.

HON. BILL BARISOFF, Speaker


NOTICE OF BILLS

Monday, November 27

Ms. James to introduce a Bill intituled Parliamentary Calendar Act, 2006.

Mr. Fleming to introduce a Bill intituled Auditor General Amendment Act, 2006.

Mr. Gentner to introduce a Bill intituled Workers Compensation Amendment Act, 2006.

Mr. Fraser to introduce a Bill intituled Promotion of Safe Antifreeze Act, 2006.

Mr. Cubberley to introduce a Bill intituled Act to Protect Anaphylactic Pupils, 2006.


NOTICE OF MOTIONS

Monday, November 27

 
 72  Mr. Rustad to move--
That the Report of the Special Committee to Appoint a Representative for Children and Youth for the Second Session of the Thirty-eighth Parliament be adopted.
 
 73  Mr. Rustad to move--
That the Legislative Assembly appoint Mary Ellen Turpel-Lafond as the Representative for Children and Youth for the province of British Columbia for a term of five years pursuant to section 2 of the Representative for Children and Youth Act (SBC 2006 Chapter 29 - Bill 34).
 

Tuesday, November 28

74  Mr. Horgan to move--
Be it resolved that this House encourage the establishment of green renewable energy sources to meet the future electricity needs of BC ratepayers.
 
75  Mr. Horgan to move--
Be it resolved that this House protect the health of residents in the Similkameen Valley and oppose the establishment of a coal fired electricity plant in Princeton.
 
76  Mr. Horgan to move--
Be it resolved that this House support BC HYDRO and call on the government to unshackle the Crown Corporation and allow it to develop new sources of publicly owned and operated generation.
 
77  Mr. Coons to move--
Be it resolved that this House agree to formulate an All-Party Committee on Ferry Services, with input from stakeholders, to identify key sections of the Coastal Ferry Act that need amending.
 
78  Mr. Coons to move--
Be it resolved that this House support the Great Bear Rainforest Initiative by calling upon the government to commit to their Memorandum of Agreement regarding the implementation "No Net Job Loss" that was agreed to with the North Coast LRMP (Land and Resource Management Plan) on June 12, 2004.

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