Nos. 119 and 120 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Tuesday, November 27, 2007

Ten o’clock a.m.

Prayers by Mr. Routley.

The House proceeded to “Orders of the Day.”

On the motion for second reading of Bill (No. 46) intituled First Nations Education Act, a debate arose.

The debate continued.

Motion agreed to nemine contradicente on the following division:

Yeas—64
Falcon
Coell
Ilich
Les
Richmond
Bell
Krueger
Roddick
Hayer
Jarvis
Nuraney
Whittred
Cantelon
Thorpe
Hagen
Oppal
de Jong
Taylor
Bond
Hansen
Abbott
Penner
Neufeld
Coleman
Hogg
Sultan
Bennett
Mayencourt
Polak
Brar
S. Simpson
Fleming
James
Kwan
Ralston
Cubberley
Hammell
Coons
Simons
Puchmayr
Lali
Routley
Fraser
Hawes
Yap
Bloy
Horgan
Gentner
Dix
Trevena
Bains
Robertson
Karagianis
Evans
Austin
Chudnovsky
Chouhan
Wyse
Macdonald
Conroy
Sather
Black
McIntyre
Rustad

Bill (No. 46) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

Bill (No. 45) intituled Maa-nulth First Nations Final Agreement Act was committed.

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

Bill to be considered at the next sitting.

And then the House adjourned at 11.59 a.m.

Tuesday, November 27, 2007

One-thirty o’clock p.m.

On the motion of Mr. S. Simpson, Bill (No. M 233) intituled Whistleblowers Protection Act, 2007 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.”

The Speaker delivered his reserved decision as follows:

Honourable Members:

Last Thursday, November 22, the Minister of Health raised a question of privilege with respect to a matter arising during Oral Question Period on November 21. Specifically, the Minister objected to words spoken by the Member for Cowichan-Ladysmith which the Minister characterized as accusation by the Member regarding the care of an individual at the Lodge on Fourth in Ladysmith. The Minister tabled additional information in support of his submission.

On November 26, the Member for Cowichan-Ladysmith responded to the question of privilege raised by the Minister of Health and outlined the facts relating to the incident at issue, from his own perspective.

The Chair has carefully examined the submission and material tendered by both the Minister of Health and the Member for Cowichan-Ladysmith. The Chair concludes that there exists a clear difference of opinion between both Members as to the facts relating to the incident which occurred.

Privilege exists to protect Members with respect to their functioning as Members of the House. The strict definition of privilege cannot be expanded to include disputes as to facts, opinions and conclusions between Members.

It is a very long-standing practice of this House that a Member’s statement is accepted by the House in the absence of indisputable evidence to the contrary.

There must be prima facie evidence that the Member for Cowichan-Ladysmith deliberately misled the House. No such evidence was submitted to the Chair. In addition, the Minister of Health has not established, in his submission, sufficient foundation to enable the Chair to make a prima facie finding that the House was deliberately misled.

The matter raised by the Minister of Health is a matter which squarely falls into the category of a dispute as to facts and as such does not form the basis for a question of privilege, and I so rule.

Hon. B. Barisoff, Speaker

The House proceeded to “Orders of the Day.”

The House resumed the adjourned debate on the motion for second reading of Bill (No. 39) intituled Electoral Boundaries Commission Amendment Act, 2007.

The debate continued.

On the motion of Mr. Austin, the debate was adjourned to the next sitting of the House.

Bill (No. 45) intituled Maa-nulth First Nations Final Agreement Act was again committed.

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

Bill to be considered at the next sitting.

And then the House adjourned at 6.35 p.m.

HON. BILL BARISOFF, Speaker

NOTICE OF BILLS

Wednesday, November 28

Mr. Dix to introduce a Bill intituled Medicare Protection Public Access Act.

Thursday, November 29

Mr. Macdonald to introduce a Bill intituled Independent Procedures Act, 2007.

Mr. Sather to introduce a Bill intituled Drinking Water Protection Amendment Act, 2007.

NOTICE OF QUESTIONS

Wednesday, November 28

4  Mr. Macdonald to ask the Minister of Transportation the following question:

What steps has the Minister of Transportation taken to ensure the maintenance of Provincial highways in the Revelstoke area is at a significantly higher standard than last winter (2006-07)?

NOTICE OF MOTIONS

Thursday, November 29

85  Mr. Robertson to move—

That car sharing cooperatives be recognized by this House as an affordable and environmentally responsible way for people to have access to vehicles, and that the government must find ways to encourage their role in BC’s transportation market.

86  Mr. Wyse to move—

Be it resolved that the BC Legislative Assembly seek a posthumous pardon from the Federal Parole Board and ultimately the Federal Minister of Justice for each of the six chiefs of the Tsilquot’in hanged as a result of the Chilcotin War of 1864.