Nos. 40 and 41 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Monday, April 7, 2008

Ten o’clock a.m.

Prayers by Mr. Hawes.

The House proceeded to “Orders of the Day.”

Order called for “Private Members’ Statements.”

51  By leave, Mr. Horgan moved —

That the Legislature supports a moratorium on private run of the river power projects until a comprehensive review of the social, economic and environmental impacts is completed.

A debate arose.

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

And then the House adjourned at 11.57 a.m.

Monday, April 7, 2008

One-Thirty o’clock p.m.

The Speaker delivered his reserved decision as follows:

Honourable Members:

On April 1st the Member for Cariboo South sought to raise a matter of privilege, alleging that the Minister of Small Business and Revenue had misled the House during estimates debate in Committee of Supply. On April 3rd, the Minister made a statement in response.

It should be noted at the outset that an allegation that a Member has deliberately misled the House is a serious accusation and ought not to be made lightly.

The Member for Cariboo South did not accuse the Minister of “deliberately misleading the House”, but rather chose to use the charge of “misleading the House.” In considering a similar situation on May 5, 1998, Speaker Brewin quoted the following passage by Joseph Maingot, Q.C. in Parliamentary Privilege in Canada, 2nd edition at page 241:

“To allege that a Member has misled the House is a matter of order rather than privilege and is not unparliamentary, whether or not it is qualified by the adjective “unintentionally” or “inadvertently.” To allege that a Member has deliberately misled the House is also a matter of “order”, and is indeed unparliamentary. However, deliberately misleading statements may be treated as a contempt.”

I have reviewed the Hansard transcripts quoted by both Members. It is clear that they disagreed as to the facts they were debating a disagreement that is the essence of debate. There is no evidence before me that would indicate that the Minister deliberately misled the House and accordingly, I cannot find that a prima facie case of breach of privilege has been made out.

Hon. Bill Barisoff, Speaker

The Hon. W. Oppal (Attorney General and Minister Responsible for Multiculturalism) presented to the Speaker a Message from His Honour the Administrator, which read as follows:

Lance Finch
Administrator

The Administrator transmits herewith Bill (No. 19) intituled Electoral Districts Act and recommends the same to the Legislative Assembly.

Vancouver Law Courts,

April 7, 2008.


Bill introduced and read a first time.

Bill 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 Hon. G. Abbott (Minister of Health) tabled the Provincial Health Officer’s Annual Report 2006.

By notice from Mr. Hawes, Motion 49 was withdrawn from the Order Paper.

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.

Bill (No. 13) intituled Labour and Citizens’ Services Statutes Amendment Act, 2008, was again committed, report complete without amendment, read a third time and passed.

The Speaker declared a short recess.

Bill (No. 15) intituled Utilities Commission Amendment Act, 2008, was again committed.

Section 11 of Bill (No. 15) passed nemine contradicente on the following division:

Yeas—69
Coell
Ilich
Chong
Christensen
Richmond
Bell
Krueger
van Dongen
Les
Roddick
Hayer
Lee
Jarvis
Nuraney
Cantelon
Thorpe
Hagen
Oppal
de Jong
Campbell
Taylor
Bond
Hansen
Abbott
Penner
Neufeld
Coleman
Hogg
Sultan
Bennett
Lekstrom
Mayencourt
Polak
Hammell
S. Simpson
Fleming
Farnworth
James
Kwan
Ralston
Austin
Brar
Thorne
Simons
Puchmayr
Fraser
Wyse
Sather
Hawes
Yap
Bloy
Horgan
Gentner
Dix
Trevena
Bains
Macdonald
Karagianis
Evans
Krog
Robertson
Chudnovsky
Chouhan
Coons
Conroy
MacKay
Black
McIntyre
Rustad

Mr. Horgan moved a proposed amendment to add section 11.1 to Bill (No. 15) which was defeated on the following division:

Yeas—30
S. Simpson
Fleming
Farnworth
James
Kwan
Ralston
Cubberley
Austin
Brar
Thorne
Simons
Puchmayr
Fraser
Wyse
Sather
Horgan
Gentner
Dix
Trevena
Bains
Macdonald
Karagianis
Evans
Krog
Robertson
Chudnovsky
Chouhan
Coons
Routley
Conroy
Nays—41
Coell
Ilich
Chong
Christensen
Richmond
Bell
Krueger
van Dongen
Les
Roddick
Hayer
Lee
Jarvis
Nuraney
Whittred
Cantelon
Thorpe
Hagen
Oppal
de Jong
Campbell
Taylor
Bond
Hansen
Abbott
Penner
Neufeld
Coleman
Hogg
Sultan
Bennett
Lekstrom
Mayencourt
Polak
Hawes
Yap
Bloy
MacKay
Black
McIntyre
Rustad

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 of the estimates of the Ministry of Advanced Education.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 6.26 p.m.

HON. BILL BARISOFF, Speaker

NOTICE OF MOTIONS

Tuesday, April 8

52  Mr. Sather to move —

Be it resolved that this House supports BC Hydro to once again pursue new energy supply from clean, publicly controlled sources.

Wednesday, April 9

53  Mr. Hawes to move —

Be it resolved that this House support the concept of independent power projects to help achieve electricity self-sufficiency in British Columbia by 2016 through continuing to support environmentally-friendly run-of-river hydroelectric projects as it has for two decades.