Votes - No. 6 - Wednesday, March 24, 1993

1993 Legislative Session: 2nd Session, 35th Parliament

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

No. 6

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Wednesday, March 24, 1993

Two o'clock p.m.

Prayers by Mr. Weisgerber.

The Speaker delivered her reserved decision as follows:

Honourable Members:

On Friday, March 19, the Honourable Member for West Vancouver- Garibaldi rose on a matter of privilege of which he had given notice to the Chair pursuant to Practice Recommendation #7. In the exceptional circumstances of this matter, I am sure it would be the will of the House to deem this matter to have been raised at the earliest opportunity.

The events giving rise to the matter of privilege occurred on the Opening Day of the present Session, being March 18, 1993. Briefly, the events were as follows:

After His Honour the Lieutenant Governor had taken his place in the Chamber, and was in the course of making opening remarks, the proceedings were disrupted by excessive noise of a group of protesters immediately outside the doors of the Chamber. The protesters eventually burst through the Chamber doors. Sergeant-at-Arms staff managed to prevent their further entry into the Chamber by forcibly closing the Chamber doors. The protesters continued their assault on the Chamber doors, causing physical damage and interfering with proceedings in the House, making it impossible for the Speech from the Throne to be delivered to the assembled Members.

The disruption continued without abatement for a period in excess of one hour, preventing His Honour the Lieutenant Governor from advising the Members, in the traditional way, of the reasons Parliament had been summoned. Proceedings were resumed approximately 1-1/2 hours after the original interruption.

While the Honourable Member for West Vancouver-Garibaldi did not present the Chair with the factual detail of the events which I have outlined, I believe it to be common knowledge that the events described do accurately reflect the complaint which is the foundation for the Member's matter of privilege.

The privileges this Assembly enjoy are historic and are in part defined in the Legislative Assembly Privilege Act. Section 5 of that Act defines as a breach of privilege or as a contempt, actions which obstruct, threaten or attempt to force or intimidate Members of the Assembly.

The Chair has examined numerous authorities on this matter and refers Honourable Members to Sir Erskine May's Parliamentary Practice, 18th edition, at page 132. Several instances of disorderly conduct on the part of strangers are listed which the House has punished as contempt.

It is not the Speaker's function to decide the matter of substance as to whether or not a breach of privilege has in fact been committed, as that question can only be decided by the House itself. The Chair, however, must decide whether or not there is a prima facie case involving a breach of privilege, and in this regard, it is abundantly clear to the Chair that the events of March 18, 1993, as described, do amount to a prima facie case of breach of privilege.

Accordingly, the Chair invites the Honourable Member for West Vancouver-Garibaldi to proceed.

Joan Sawicki, Speaker

By leave, Mr. Mitchell withdrew the Motion tendered to the Chair by him in support of his submission on Friday last.

Mr. Mitchell then moved the following motion:

Be it resolved that while recognizing and affirming the undoubted rights of freedom to lawfully assemble, to lawfully demonstrate and to lawfully dissent, this House condemns the abuse of those rights and this House further declares and asserts that it is a contempt and high breach of its privileges to interfere in any manner with the proceedings of this Assembly whose right to take further action with respect to the interference with the proceedings occurring on March 18 last, is hereby reserved.

A debate arose.

Motion agreed to unanimously.

Order called for "Oral Questions by Members."

The House proceeded to "Orders of the Day."

Pursuant to Order, the House resumed the adjourned debate on the amendment to the Address in Reply to the Speech of His Honour the Lieutenant Governor at the opening of the Session.

The debate continued.

The amendment was negatived.

The debate was resumed on the main motion.

On the motion of the Hon. M. Sihota, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 5.55 p.m.

JOAN SAWICKI, Speaker

NOTICE OF MOTIONS

Friday Next

Mr. Dalton to introduce a Bill intituled Election Finances Reform Act.

39 Mr. Wilson to move--: Be it resolved that the government act immediately to adopt policy on resource use that includes all stakeholders in the planning process.

40 Mr. Wilson to move--: Be it resolved that the government act immediately to ensure that they make the necessary decisions on resource use which provide for the economic, environmental, and social needs of all British Columbians.

41 Mr. Wilson to move--: Be it resolved that the government remove barriers to economic investment in British Columbia, through the removal of the Corporate Capital Tax and the layers of fees and business taxes, to show a commitment to economic development.

42 Mr. Wilson to move--: Be it resolved that the government re-affirm the current state of privatization of the highways.

43 Mr. Wilson to move--: Be it resolved that the government table in the House the five- year plan of the Ministry of Transportation and Highways for projected and proposed capital projects, and the strategy for use and expansion of public transportation.

44 Mr. Wilson to move--: Be it resolved that the government immediately abandon the current move to usurp the domain of the private sector with regard to the Liquor Distribution Branch's recent move to put cold beer and wine services into government liquor stores.

45 Mr. Wilson to move--: Be it resolved that the government act to minimize further permanent damage to the people of the Province, in terms of the economy, health care, education, the fisheries, agriculture, the deficit, regional development, and foreign investment, by restricting the government's mandate to:; 1. Maintain law and order;; 2. Provide primary services; and; 3. Protect the public trust.

46 Mr. Wilson to move--: Be it resolved that the government act to streamline government operations by restructuring the Executive Council. This involves the organization of Cabinet into Secretariats:; 1. Office of the Premier;; 2. Attorney General;; 3. Exchequer;; 4. Environment and land use;; 5. Community development; and; 6. Regional economic development.

47 Ms. Tyabji to move--: Be it resolved that the government adopt hiring practices to hire on the basis of merit and ability, without any form of discrimination.

48 Ms. Tyabji to move--: Be it resolved that the Standing Orders of the House be amended so that they prevent members with a tangible general pecuniary interest, or whose spouse or dependents have such an interest, from participating in the debate and votes on legislation.

49 Ms. Tyabji to move--: Be it resolved that the House set an example for the Province by providing a work environment conducive to the requirements of parents of young children, which may include on-site daycare. Such a facility, its location and funding should be determined by an all-party committee.

50 Ms. Tyabji to move--: Be it resolved that the government table in the House the relevant documents and information causing the delay in the Windy Craggy project.

51 Ms. Tyabji to move--: Be it resolved that the government immediately re-affirm its commitment to a moratorium on the bulk export of British Columbia water, whether by container or through large-scale water diversions.

52 Ms. Tyabji to move--: Be it resolved that the government categorically and emphatically reject any calls for large-scale water diversions, such as the diversion of the Nechako River and the damming of the Peace River.

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