Nos. 14 and 15 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Monday, March 2, 2009

Ten o’clock a.m.

Prayers by Mr. Krog.

The House proceeded to “Orders of the Day.”

Order called for “Private Members’ Statements.”

22  By leave, Ms. James moved —

Be it resolved that this House affirm the importance of full public disclosure regarding the costs of the Olympics and discuss and debate the appointment of the Auditor General of the Province of British Columbia as the auditor of the 2010 Olympic Winter Games, with established monthly reporting commitments to the Legislative Assembly through the Public Accounts Committee.

A debate arose.

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

And then the House adjourned at 11.58 a.m.

Monday, March 2, 2009

One-Thirty o’clock p.m.

The Speaker delivered his reserved decision as follows:

Honourable Members:

On February 24th the Member for Alberni-Qualicum rose in his place on what he described as a matter of privilege alleging that the Minister of Agriculture and Lands misled the House during Question Period on February 19th and 23rd, 2009.

On Thursday, February 26th the Government House Leader responded to the Member’s submission and I have carefully considered both the Member’s submission and the Government House Leader’s reply.

I have also carefully reviewed the authorities quoted to the House and the authorities on the law of privilege.

Before dealing with the substantive issue, there are one or two technical matters which merit comment. In a decision of this House on July 21, 1993, and quoted with approval on July 15, 1996, one of the essential elements required when raising a matter of privilege is that a copy of the motion the Member intends to move, should the Chair find a prima facie case has been established, must be tabled. No such proposed motion was tabled by the Member for Alberni-Qualicum. The Government House Leader in his presentation also noted that the matter may not have been raised at the earliest opportunity and I have considered this submission as well. However, the substantive portion of the submission from the Member for Alberni-Qualicum is what the Chair has focused upon in this matter.

The essence of this allegation is that the Member must establish that the Minister deliberately misled the House — a considerable burden which the Member has failed to establish.

While there is clearly a difference of opinion between the Member and the Minister as to the number of trees cut, the number of logs removed, the groups who were consulted and the end result of the logging operation, I am satisfied that this controversy clearly fits the category as a dispute as to facts which in itself does not qualify as a matter of privilege.

Let me remind all Honourable Members that an accusation of deliberately misleading the House is a serious accusation and must rest on a solid foundation. I find that the necessary elements have not been established to sustain a charge of deliberately misleading the House, and I so rule.

Hon. Bill Barisoff, Speaker

Order called for “Members’ Statements.”

Order called for “Oral Questions by Members.”

Mr. Hawes reserved his right to raise a matter of privilege.

Mr. B. Simpson presented a petition regarding maintenance of roadways in the Cariboo-Chilcotin communities.

Mr. Routley presented a petition regarding the wait time for weight-loss surgery.

The House proceeded to “Orders of the Day.”

Order for Committee of Supply called.

The House again resolved itself into Committee of Supply.

(In Committee)

42 (S). Resolved, That a sum not exceeding $15,100,000 be granted to Her Majesty to defray the expenses of Ministry of Tourism, Culture and the Arts, Ministry Operations, to 31st March, 2009.


The Committee rose and reported the Resolution.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 6.28 p.m.

HON. BILL BARISOFF, Speaker

NOTICE OF Bills

Tuesday, March 3

Mr. Herbert to introduce a Bill intituled Consumer Protection in Ticket Sales Act, 2009.