2006 Legislative Session: 2nd Session, 38th Parliament
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The printed version remains the official version.
Nos. 78 and 79
OF THE
Monday, November 27, 2006
Ten o'clock a.m.
Prayers by Mr. Mayencourt.
The Speaker delivered his reserved decision as follows:
Honourable Members:
On November 23rd, the Member for Vancouver-Fairview sought to move adjournment of the House under Standing Order 35 to discuss a definite matter of urgent public importance, namely, the need to ensure all British Columbians have access to clean drinking water.
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.
The issue of heavy rainfall and water quality has been prominently aired and is of great importance to many people. The submission speaks of the "pressing need to ensure all British Columbians have access to clean drinking water". The submission also refers to the effects of global warming. This far-reaching motion would presumably take into account the provisions of the Drinking Water Protection Act, SBC 2001, Chapter 9, with which the Member may be familiar.
Although the question may be important, it is clearly a question of very wide scope. In 1981, Speaker Schroeder concluded that the question of a refund of $12.1 million of school taxes to the City of Vancouver did not qualify under Standing Order 35 (see Journals May 4, 1981 page 115). He quoted the words of Speaker Peel from Erskine May's Parliamentary Practice, 16th edition at page 368:
"What I think was contemplated was the occurrence of some sudden emergency, either in home or foreign affairs. But I do not think it was contemplated...that a question of very wide scope, which would demand legislation to deal with it in any effective manner, should be the subject of discussion..."
Although this matter is very important, Standing Order 35 clearly does not provide the appropriate forum for its debate.
Hon. Bill Barisoff, Speaker
The House proceeded to "Orders of the Day."
Order called for "Private Members' Statements."
The debate continued.
On the motion of Mr. Rustad, the debate was adjourned to the next sitting of the House.
And then the House adjourned at 11.58 a.m.
Monday, November 27, 2006
Two o'clock p.m.
The Hon. M. de Jong made a statement regarding the death of Dr. Frank Calder, a former Member of the Legislative Assembly.
Mr. Farnworth made a statement.
On the motion of Ms. James, Bill (No. M 209) intituled Parliamentary Calendar Act, 2006 was introduced, read a first time, and Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.
On the motion of Mr. Gentner, Bill (No. M 210) intituled Workers Compensation Amendment Act, 2006 was introduced, read a first time, and Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.
Order called for "Members' Statements."
Order called for "Oral Questions by Members."
Ms. James asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance, namely, the United Nations declaration on the rights of indigenous peoples.
The Hon. M. de Jong made representations.
The Speaker stated that he would take the matter under advisement.
The House proceeded to "Orders of the Day."
A debate arose.
Motion agreed to.
Motion agreed to nemine contradicente on the following division:
YEAS -- 73 |
|||
| Falcon Reid Coell Ilich Chong Christensen Les Richmond Bell Bennett van Dongen Roddick Hayer Lee Nuraney Whittred Horning Cantelon Thorpe |
Hagen |
Farnworth |
Dix Trevena Bains Robertson Karagianis Ralston Krog Austin Chudnovsky Chouhan Wyse Sather Macdonald Conroy MacKay Black McIntyre Rustad |
A debate arose.
The debate continued.
The House recessed until 6.35 p.m.
The debate continued.
On the motion of Mr. Sather, the debate was adjourned until later today.
The Hon. M. de Jong moved that the House recess until 9.05 p.m. and thereafter sit until otherwise ordered.
A debate arose.
The Speaker delivered his reserved decision as follows:
Honourable Members:
Earlier this day, the Honourable Leader of the Official Opposition sought to move adjournment of the House to discuss a matter of urgent public importance under Standing Order 35, namely "the need to send a clear unanimous message from this House to the government of Canada that British Columbia supports the United Nations declaration on the rights of indigenous peoples."
In her submission, the Leader of the Official Opposition argued that the matter was necessary for urgent attention by this House since the United Nations is scheduled to vote on the declaration tomorrow in New York.
I note that the Honourable Member has provided me with the written documentation required by Standing Order 35, and I thank her for the courtesy of having given the Chair advance notice.
In his submission on this matter, the Government House Leader acknowledged that the United Nations declaration was a matter of importance and interest. However, he also correctly noted that the decision regarding the application must be based on -- the urgency of debate in this chamber, not on the urgency of the issue.
The Chair has considered the application carefully in light of arguments put forward by both sides. While there is no doubt of the seriousness of concern for upcoming events at the United Nations, it is clearly not a matter involving the administrative responsibilities of any Ministry of the Province of British Columbia, but rather falls within the jurisdiction of the Government of Canada.
Jurisdictional issues involving Standing Order 35 were canvassed eloquently in Speaker Barnes' decision of May 24, 1994. In that decision, the Chair upheld the well-established practice of the House to proceed to emergency debate only for matters under provincial jurisdiction.
For these reasons, the Leader of the Official Opposition's application does not qualify under Standing Order 35.
Hon. Bill Barisoff, Speaker
The debate continued.
The House continued to sit past midnight.
Motion agreed to on the following division:
YEAS -- 41 |
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Falcon |
Roddick |
de Jong |
Lekstrom Mayencourt Polak Hawes Yap Bloy MacKay Black McIntyre Rustad |
|
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| S. Simpson Evans Farnworth Kwan Brar B. Simpson Cubberley |
Hammell Coons Thorne Simons Puchmayr Gentner Routley |
Lali Dix Bains Robertson Karagianis Ralston Krog |
Austin Chouhan Wyse Sather Macdonald Conroy |
The House resumed the adjourned debate on the motion that the House adjourn to the call of the Chair.
The House divided.
Motion agreed to on the following division:
YEAS -- 40 |
|||
Falcon |
van Dongen |
Oppal |
Krueger Lekstrom Polak Hawes Yap Bloy MacKay Black McIntyre Rustad |
|
|||
| S. Simpson Evans Farnworth Kwan B. Simpson Cubberley Hammell |
Coons Thorne Simons Puchmayr Gentner Routley Horgan |
Lali Dix Bains Robertson Karagianis Ralston Krog |
Austin Chouhan Wyse Sather Macdonald Conroy |
On the motion that the House do now adjourn, the House divided.
Motion agreed to on the following division:
YEAS -- 40 |
|||
Falcon |
van Dongen |
Oppal |
Krueger Lekstrom Polak Hawes Yap Bloy MacKay Black McIntyre Rustad |
|
|||
| S. Simpson Evans Farnworth Kwan B. Simpson Cubberley Hammell |
Coons Thorne Simons Puchmayr Gentner Routley Horgan |
Lali Dix Bains Robertson Karagianis Ralston Krog |
Austin Chouhan Wyse Sather Macdonald Conroy |
And then the House adjourned at 8.29 a.m.
HON. BILL BARISOFF, Speaker
NOTICE OF MOTIONS
Tuesday, November 28
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