1972 Legislative Session: 1st Session, 30th Parliament
HANSARD
The following electronic version is for informational purposes
only.
The printed version remains the official version.
(Hansard)
FRIDAY, OCTOBER 27, 1972
Afternoon Sitting
[ Page 371 ]
FRIDAY, OCTOBER 27, 1972
The House met at 2:00 p.m.
Prayers.
MR. SPEAKER: The Hon. Minister of Labour.
HON. W.S. KING (Minister of Labour): Mr. Speaker, I have the great honour today of presenting to the House the Minister of Labour for la belle province, the Province of Quebec, the Hon. Jean Cournoyer and his Deputy Minister, Mr. Real Mireault, and I would ask the House to join with me in extending a very warm welcome to our friends from Quebec.
MR. SPEAKER: The Hon. Member for Columbia River.
MR. J.R. CHABOT (Columbia River): Mons. l'Orateur, ça me donne beaucoup de plaisir aussi pour le parti officiel de l'Opposition de souhaiter le bienvenu à Mons. Cournoyer et son deputé à la Colombie Britannique. Bienvenu!
(It gives me great pleasure also, on behalf of the official Opposition party, to welcome Mr. Cournoyer and his deputy to British Columbia. Welcome!)
AN HON. MEMBER: This is a bilingual party over here.
Interjections by Hon. Members.
MR. SPEAKER: Silence, s'il vous plait! (Laughter).
MR. D.A. ANDERSON (Victoria): Mons. l'Orateur, c'est avec
les mêmes sentiments de cordialité, d'expression d'amitié, que
moi aussi du parti Liberal veut joindre le ministre de travail de
la province de la Colombie pour dire au ministre de Québec mes
meilleurs veux et puis aussi le souhaiter un beau séjours
ici à Victoria.
(It is with the same feelings of cordiality and friendship that I also, on behalf of the Liberal Party, join with the Hon. Minister of Labour of British Columbia to pass on to the Hon. Minister from Quebec our best wishes, and to wish him a pleasant stay in Victoria.)
MR. G.S. WALLACE (Oak Bay): Mr. Speaker, some people can't even understand my Scottish accent. (Laughter). So I won't even try to match the former speakers. But I do, on behalf of the Conservative Party, offer you our greetings and hope you will enjoy the proceedings of this afternoon. You will always be welcome in British Columbia.
MR. SPEAKER: The Hon. Attorney General.
HON. A.B. MACDONALD (Attorney General): Nous croyons ici, Mons.
'Cournoyer, dans un Canada uni d'un coté à l'autre.
(We believe here, Mr. Cournoyer, in one Canada united from one side to the other.)
MR. SPEAKER: The Hon. Minister of Agriculture.
HON. D.D. STUPICH (Minister of Agriculture): Have no fear, I'm going to keep you in B.C., Mr. Speaker. Among the visitors in the gallery today is one who is interested, as many other people are, in what has happened since August 30, observing us very closely. I'm sure I'd like the House to join with me in welcoming Mr. Charles Bernhardt, President of the B.C. Federation of Agriculture.
MR. SPEAKER: The Second Member for Vancouver–Point Grey.
MR. G.B. GARDOM (Vancouver–Point Grey): Mr. Speaker, in the gallery this afternoon there is a gentlemen who has the unique distinction of spend-
[ Page 372 ]
ing 28 years with political suits and he's an individual who has taken more politicians to the cleaners than any single individual or political party in the history of the province. I'm referring to Mr. Jimmy James, the valet in the Empress Hotel. And I'd like to say, Mr. Speaker, that Jimmy, as most of us know him, has been on the job since October, 1945. He's a very kind, hard-working and dedicated citizen of this province and I'd like all Members to extend to him a most cordial welcome.
MR. SPEAKER: The Hon. Member for Comox.
MS. K. SANFORD (Comox): Mr. Speaker, I'd like to ask the Hon. Members of this House to join me in welcoming a delegation of students from Willow Point Junior Secondary School in Campbell River who are here with their sponsors, Mrs. Herrewig, Mrs. Ritchie and Mr. Ritchie, vice-principal of that school.
MR. SPEAKER: The Hon. Member for North Okanagan.
MRS. P.J. JORDAN (North Okanagan): Mr. Speaker, I'm sorry the Minister of Lands, Forests and Water Resources (Hon. Mr. Williams) isn't here at the moment and I realise the House is never going to believe what I'm doing but I have here a present for him. If you told me this yesterday afternoon at 3 o'clock I'd never have believed it. But it was a commitment that I was asked to undertake and it involves recreation, Mr. Speaker.
There is a park in British Columbia, a class C park, Silver Star, which is the largest class C park in British Columbia and is well-known as a family ski area. The reason for this is the belief of a number of citizens in the north Okanagan that this park must have its status reviewed and must be more open to a variety of public interests. It's an alburn of photographs taken by naturalists, business people and people of all interests. There's no brief with it at this time.
They would like him to have it, perhaps as the first token of their appreciation of his interest in recreation and conservation at his time in office. I would ask the Hon. Premier or his colleague next to him to give this to him when he comes in the House and that I might have a look at it after it's opened because I haven't seen it.
MR. SPEAKER: The Hon. Second Member for Vancouver South.
MR. J. RADFORD (Vancouver South): Yes, Mr. Speaker….
MRS. D. WEBSTER (Vancouver South): Mr. Speaker….
MR. SPEAKER: The Second Member.
MRS. WEBSTER: Oh.
MR. SPEAKER: Well, I think the Hon. Second Member is the lady Member. (Laughter).
MRS. WEBSTER: Mr. Speaker, I rise on a matter of privilege to introduce a class of students from David Thompson Secondary School from the constituency of Vancouver South along with their teacher, Mr. Don Sampson.
Introduction of bills.
Orders of the day.
HON. D. BARRETT (Premier): Mr. Speaker, I move we proceed to public bills and orders.
Motion approved.
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HON. MR. BARRETT: Second reading of Bill No. 14.
AN ACT TO REPEAL THE PROBATE FEE ACT
MR. SPEAKER: Bill No. 14, An Act to Repeal the Probate Fee Act, I recognise the Hon. First Member for Victoria.
MR. N.R. MORRISON (Victoria): Mr. Speaker, in speaking to the principle of this bill, An Act to Repeal the Probate Fee Act, probate fees return very little revenue to the province. They might be considered as an adjunct to the succession duties. Standing on their own, probate fees are a little more than a nuisance value. Along with our bills to cancel succession duties and gift taxes therefore we present this bill to cancel probate fees. I move second reading of Bill No. 14.
HON. A.B. MACDONALD (Attorney General): Mr. Speaker, the bill in my submission offends standing order 67 in that it trenches upon the revenues of the Crown and therefore can only be a Crown bill.
MR. SPEAKER: I think the objection, Hon. Attorney General, is well-taken. If you look at the decisions of the Speakers of this House over the years right up to the present time and contained more particularly in volume I of Speakers' decisions at page 134 and in volume 2 at page 56 you will see that it is clearly out of order in that it tends to interfere with the revenue of the Crown and would therefore be out of order in the hands of a private Member. So I must, therefore, rule it out of order.
HON. MR. BARRETT: Perhaps I may have leave of the House to make a very brief statement.
Today, for the benefit of the galleries, we're working on private Members' bills. Today we will spend the sitting discussing the ideas, both welcome and unwelcome, of the Opposition. So I hope to give that interpretation to the galleries.
Second reading of Bill No. 15.
AN ACT TO REPEAL THE SUCCF.SSION DUTY ACT
MR. SPEAKER: Bill No. 15, An Act to Repeal the Succession Duty Act. I recognise the Hon. First Member for Victoria.
MR. MORRISON: Mr. Speaker, in speaking to the principle of this bill, An Act to Repeal the Succession Duty Act, in view of the need of encouraging the assembling of capital by British Columbians in the province, we believe that it is now necessary to review the taxation principles behind the succession duties. While it is true certain exemptions have been provided under the Act, it is now considered of the utmost importance to protect the individual's control over his home and farm and other possessions in the event of death. In addition, employment must be created by encouraging the accumulation of capital within the province.
The need for a second look on imposing this tax became even more compelling because of a federal capital gains tax. To combine the succession duty tax would simply involve double taxation. The real answer is revenue sharing of the capital gains tax within the province. After all, it can be clearly shown that it is the provincial investment which created much of the added values upon which the capital gains tax is based. This is particularly true in creating added values to real estate.
MR. SPEAKER: Hon. Member, there is a point of order that has been raised.
HON. MR. MACDONALD: I'm afraid it's the same point of order, Mr. Speaker. And I think my friend, the Hon. Member, has pretty well explained it, has he not?
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Interjections by Hon. Members.
MR. SPEAKER: Order!
HON. MR. MACDONALD: Yes, we want the explanation to be made at a reasonable length. But I do raise the point of order, Mr. Speaker.
MR. SPEAKER: Hon. Members, I must remind you that under our standing orders if a point of order is raised I must deal with it at the time it is raised. That's my obligation. Therefore I must deal with the point of order at this time. Otherwise….
Interjections by Hon. Members.
MR. SPEAKER: Order, please, Hon. Members. I hope I'm helping you. I don't know. Maybe you don't want to be helped.
I want to point out to you that the duty of the Speaker under standing order 58 is to rule it out of order at the time that a motion is made. If a point of order is raised prior to that time I must deal with it at that time. So it really depends upon whether a point of order is taken or not how far you go in your discussion in each debate. I make that point to you now so that you will appreciate why the order has to be taken at this time. And I must rule it out of order on the very grounds that I did on the previous bill and for the same reason.
HON. MR. BARRETT: Second reading of Bill No. 16, Mr. Speaker.
AN ACT TO REPEAL THE GIFT TAX ACT
MR. SPEAKER: The Hon. First Member for Victoria.
MR. MORRISON: Mr. Speaker, in speaking to the principle of this Act, An Act to Repeal the Gift Tax Act, a government levying succession duties, must also levy a gift tax for administrative and technical reasons otherwise, the succession duty is negated. However, without a succession duty there is no necessity to levy a gift tax. Accordingly, as we have presented a bill to cancel succession duties, we now present a companion bill to cancel the gift tax. I move second reading of Bill No. 16.
HON. MR. MACDONALD: A point of order, Mr. Speaker. I know the Liberal Party doesn't like death duties but I must raise the point of order, standing order 67.
MR. SPEAKER: You are quite right. The Hon. Attorney General has raised a point of order. The exact same reasons prevail and I must, therefore, rule the bill out of order in the hands of a private Member.
HON. MR. BARRETT: Second reading of Bill No. 17, Mr. Speaker.
BRITISH COLUMBIA DEVELOPMENT CORPORATION ACT
MR. SPEAKER: The Hon. Member for South Peace River.
MR. D.M. PHILLIPS (South Peace River): Thank you, Mr. Speaker. I know that the Attorney General will certainly allow me to continue the debate, to have my say on this, because it's a department which he is the head of, and I know that he's interested in this bill.
It is proposed by this bill to set up the British Columbia Development Corporation whose aim would be to encourage secondary industries in the province, particularly of farm products and secondary manufacture. Now that our prime industries in British Columbia are well-advanced and our population exceeds 2.25 million and is growing rapidly, this bill is urgently needed to create employment.
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It is proposed by this bill to supply low-interest loans at the rate of 1 per cent for the first year, 2 per cent for the second year, 3 per cent for the third year and so on, up to 9 per cent for the ninth year and all years thereafter. In order to start the corporation it is proposed the province purchase $50 million of the corporation's shares. Thereafter, the corporation would borrow money with a provincial guarantee up to a limit of $250 million. The bill envisages a maximum loan of $1 million and a minimum loan of $1,000.
The British Columbia Development Corporation would be a Crown corporation and an agent of Her Majesty and the right of the province. The Minister of Finance for the province would be its fiscal agent. This is a set-up similar to the British Columbia Hydro and Power Authority and the British Columbia Railway.
In this crucial period in British Columbia's history, it is essential that secondary industry be encouraged to locate and grow in the province. Hon. Members, this bill will go a long way toward furthering this encouragement. Mr. Speaker, the Premier has said that he is interested in secondary industry, he's interested in employment. This bill is for the unemployed in this province, Mr. Attorney General, and I would suggest that…. There's one more word.
HON. MR. MACDONALD: One more?
MR. PHILLIPS: The Premier of this province has said that he is going to have a love feast with business. I would suggest that it reminds me of King Solomon's love nest — No, no, a thousand times no.
HON. MR. MACCONALD: Same point of order, Mr. Speaker.
MR. SPEAKER: Hon. Members, the bill is clearly out of order. it offends against standing order 67 and my authority for that is in our own Journals of the House, in 1931, pages 128 and 129. Therefore I must rule it out of order in the hands of a private Member because it does interfere, and tend to interfere, with the revenues of the Crown.
MR. PHILLIPS: Mr. Speaker, I'd like to rise on a point of order. As much as I hate to, I feel I must challenge your ruling.
MR. SPEAKER: I've often wondered if I should ask him why? (Laughter). You've challenged my ruling and the question is, shall the Speaker's ruling be sustained?
Mr. Speaker's ruling was sustained on the following division:
YEAS-38
Liden | Rolston | Nicolson | Gorst | |
Lewis | Wallace | Nunweiler | Lockstead | |
Webster | Williams, L.A. | Stupich | Young | |
Kelly | Anderson, D.A. | Nimsick | Lea | |
Curtis | McGeer | Strachan | Lauk | |
Brousson | Dent | Dailly | Gabelmann | |
Gardom | Cummings | Barrett | Hartley | |
Steves | Sanford | Macdonald | King | |
Barnes | Radford | Hall | Cocke | |
Anderson, G.H. Brown |
NAYS-10
Schroeder | Phillips | Jordan | Bennett | ||
Morrison | Fraser | Chabot | Richter | ||
McClelland | Smith |
[ Page 376 ]
HON. MR. BARRETT: Second reading of Bill No. 18.
OPEN SPACE PRESERVATION ACT
MR. SPEAKER: The Hon. Member for Langley.
MR. R.H. McCLELLAND (Langley): Thank you, Mr. Speaker. In moving second reading of this Bill, I would say that the great concern in the Fraser Valley and, in fact, all over British Columbia, is the disappearance of prime farmland at an alarming rate. There have been a lot of schemes put forward, Mr. Speaker, aimed at curbing the rate of urban growth in the rich farmlands of the valley but none of them, I don't think, would achieve the basic solution of keeping the farmers on the land by insuring that they can make a good living by farming.
I think that is the point. The farmer will farm his land if he's allowed to make a living and to live in the manner to which other people in our society have become accustomed.
For that reason, Mr. Speaker, the senior levels of government must give some help to these independent businessmen who farm the land. All the aid possible, in fact, to make farming an attractive economic proposal.
That there is a crisis in our Fraser Valley well recognised by everyone, I believe. The official Lower Mainland Regional Plan has been in effect for some time and has done a reasonably good job of protecting land in the valley but it isn't enough. I think there has to be more government action in this regard. I recognise, too, that municipal people have to get involved a little more intensively and they have to have much more courage than they do now in enforcing the zoning regulations within their own communities.
Planning consultant Norman Pearson recently said that with proper planning of satellite communities, the land in the Fraser Valley could hold up to 3.3 million people without encroaching on the valuable farmland. But the planners, the local government and the farmers, Mr. Speaker, need help from us.
A recent study by the Central Fraser Valley Regional District indicated that about 3,000 acres per year are now disappearing. That is an alarming rate, Mr. Speaker. There are only about 100,000 acres of prime farmland left in the Fraser Valley. We can't afford to keep losing it at 3,000 acres per year.
I don't believe that the province can afford, nor should it become involved in, a programme of buying development rights from farmers. The costs would be astronomical and, with companion legislation to our Green Belt Protection Fund, that type of costly approach would be unnecessary, in my opinion.
However, regardless of our suggestion, Mr. Speaker, to municipalities to tighten up their zoning regulations and the application of those restrictions, we must recognise that the independent farmers are now, and will be in the future, under severe economic pressure to develop their land. They're getting offers from real estate developers and others which makes it very difficult for them to refuse those offers. I think we need to help the independent farmer to make a decent living. If we zone away his right to develop then we would have to make it up to him some way.
I feel that this bill, Mr. Speaker, the Open Space Preservation Act, will go a long way towards easing the consciences of municipal politicians and allow them to tighten up their zoning regulations on prime farmland with much less hesitancy. It will offer a major tax incentive to Lower Mainland independent farmers and spread the cost of the tax loss to the municipalities over the whole of the Lower Mainland, not just the municipality involved and not just the regional district involved, Mr. Speaker — the whole region, because the preservation of farmland is vitally important to the whole region. In fact, to all of British Columbia.
For these reasons, Mr. Speaker, I move second reading of this Bill.
HON. MR. MACDONALD: Mr. Speaker, on a point of order, this does affect the tax revenues of the province and the regions.
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MR. SPEAKER: I must take cognizance of the point of order. You will note in the bill, particularly in section 8, that it deprives certain municipalities of revenue and places a burden upon others. Any bill in the hands of a private Member that places an impost on the people or any group of the people or any part of the community is out of order in the hands of a private Member unless it had been brought in or approved by the Crown or by a message from the Crown. In those circumstances, I must, pursuant to standing order 67, rule it out of order.
HON. MR. BARRETT: Second reading of Bill No. 19, Mr. Speaker.
AN ACT TO AMEND THE MUNICIPALITIES AID ACT
MR. SPEAKER: The Hon. Member for Cariboo.
MR. A.V. FRASER (Cariboo): Mr. Speaker, speaking to the principle of Bill No. 19, a few years back this Legislature carved the province up into 28 regional districts. In these regional districts we have municipalities and rural areas. At the present time all the municipal citizens in a regional district get $30 per annum per capita grant. What this bill does is extend this to the citizens of a rural area of a regional district. The estimated population of the province is 2,185,000 people. The people affected by this bill would be approximately 435,000 citizens that are now not getting this $30 per capita grant. I would recommend second reading of this bill.
HON. MR. MACDONALD: Point of order. Standing rule 67, Mr. Speaker.
MR. SPEAKER: Yes, I would think that the Member would agree that it does offend against that standing order in that it places the duty upon the Lieutenant-Governor and the Minister of Finance and requires payments from consolidated revenue. In that case, as the Hon. Mr. Murray before me has ruled so many times, it would be improper in the hands of a private Member that the bill proceed. I must order it struck from the order paper.
HON. MR. BARRETT: Second reading of Bill No. 20.
AN ACT RESPECTING MOBILE HOMES
MR. SPEAKER: The Hon. Member for North Peace River.
MR. D.E. SMITH (North Peace River): Thank you, Mr. Speaker. Speaking to the principle of this bill, it is our position that it would provide a more equitable and workable means of taxing mobile homes than exists under the present Act. When the present Act was introduced, it was what I would term "experimental legislation". It has not worked as well as we think it should work.
There is no question in the minds of people who live in mobile homes that they do not wish to pay taxes — they wish to pay taxes on a fair basis like other home-owners. The principle of this bill would provide that the trailers within parks would be classed as improvements and taxed under the Taxation Act and would also be eligible for home-owner grants in the same manner as anyone else who owns a home. Those outside of the trailer parks would be taxed a flat $50 per year.
We feel that the amount of revenue generated from this type of taxation would probably be greater than the revenue presently generated under the existing Act. We feel that it is a better approach, it's an approach that has been welcomed by the people who represent the mobile home-owners within the province.
I would move second reading.
HON. MR. MACDONALD: Mr. Speaker, same point of order.
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Interjection by an Hon. Member.
MR. SPEAKER: The one that has been repeated — standing order 67, Hon. Leader of the Opposition.
HON. W.A.C. BENNETT (Leader of the Opposition): I know, but he didn't say it.
MR. SPEAKER: I think I could grasp the point all right.
HON. MR. BARRETT: The same one as you used to use on us. (Laughter).
MR. SPEAKER: Hon. Members. the tax under section 2 and 5 thereof would place an impost on the people and the Hon. Member himself admitted that it would increase the burden upon the people and consequently it would be out of order in the hands of a private Member. I must rule it out of order under standing order 67.
HON. MR. BARRETT: Second reading of Bill No. 21, Mr. Speaker.
AN ACT TO PROVIDE FOR THE GUARANTEE BY THE PROVINCE OF
LOANS FOR FEEDING CATTLE FOR MARKET
MR. SPEAKER: The Hon. Member for Chilliwack.
MR. H.W. SCHROEDER (Chilliwack): I'm overwhelmed by the reception, Mr. Speaker. In speaking to the principle of this bill, the intent of the bill is to provide a guarantee for loans. These loans could be obtained from any bank, designated or undesignated. They would tend to erase the fears that prospective feedlot operators may have in anticipating losses which could occur in establishing these new feedlots.
Historically, Mr. Speaker, whenever a bill of agricultural nature is spoken to in this House it is regarded as somewhat "ho hum". But I would like to have the ear, not only of you, Mr. Speaker, but of all the Hon. Members, in that we have approximately 9 per cent of the population, not only of British Columbia but of Canada, that is responsible for raising all of the foodstuffs for all of the other 91 per cent of the population. I think that it is in order to have this kind of legislation because there is a need to raise this beef in our own province. We consume about 5,000 carcasses of beef per week. I don't mean us in this House, Mr. Speaker, I mean the population of British Columbia.
The facts are that only 800 of these are produced within the boundaries of our province, meaning that about 4,200 carcasses per week are imported. This clearly indicates a need for producing this beef here inside the province.
I would like to suggest that the only reason we don't produce it inside the province is because there is a fear of the loss which could occur in the developing of this particular business. Now this bill would serve to erase that fear and help us to produce that foodstuff here in this province.
I would like to move second reading of this bill, Sir.
HON. MR. MACDONALD: It's my submission that this bill is $2 million out of order under standing order 67. (Laughter).
MR. SPEAKER: The Hon. Attorney General has pointed out something that I think is evident from the bill when you examine section 5 in particular where it actually attempts to disturb the consolidated revenues of the province, to the extent that it says "moneys required for the purpose of this Act shall until the 31st day of March 1971 in the absence of any special appropriation available therefore be paid out of Consolidated Revenue Fund and thereafter shall be paid out of the Consolidated Revenue Fund with moneys authorised by an Act of the Legislature to be paid and applied for such purposes", and then it gives certain duties to the
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Lieutenant-Governor-in-Council which he is otherwise not obliged to follow. The combination of this interferes with the revenues of the Crown and would not be properly advanced without a message or by a private Member of the House, and I must therefore rule it out of order.
MR. SCHROEDER: With the deepest of regrets there, Mr. Speaker, and speaking on a point of order, I would like to draw to your attention, Sir, that this is only a guarantee. We cannot anticipate expenditure under a guarantee and it would seem to me that if the climate of the economics in our province is such as has been stated in this House that they are, we could not even anticipate any losses, Sir.
MR. SPEAKER: I would point out to the Hon. Member that the very fact that you introduce a guarantee does tie up certain revenues of the province to protect with that guarantee the revenues of the province and the administration of such an Act. That being so, then it follows that you are interfering with the Crown's right to dispose of the revenues in accordance with its own plans, and I therefore insist it is out of order.
MR. SCHROEDER: I accept your ruling, Sir.
MR. SPEAKER: Thank you, Hon. Member.
HON. MR. BARRETT: Second reading of Bill No. 22, Mr. Speaker.
TRAINING ON THE JOB ACT
MR. SPEAKER: The Hon. Member for North Okanagan.
MR. G.V. LAUK (Vancouver Centre): On a point of order, Mr. Speaker. Bill No. 22 clearly offends standing order 67 and that is an expenditure of revenue.
MR. SPEAKER: I will say that I have not had an explanation of the bill yet, and I would like to hear the explanation of the bill before I rule on the matter.
MR. LAUK: But, Mr. Speaker, it says clearly in section 1 of that bill that it is an expenditure.
MR. SPEAKER: I want to hear what the Hon. Member says, Hon. Member, before I make any ruling on the question.
MRS. JORDAN: Thank you very much for your consideration and your ruling, Mr. Speaker. I would suggest that the comments made by the Hon. Member…
MR. SPEAKER: No, please stick to the bill, Hon. Member.
MRS. JORDAN: …indicate why we don't need any more lawyers in this House.
MR. SPEAKER: You need one, I think. You've got one in the chair, and at least he's trying to protect you.
MRS. JORDAN: He's doing very well, Mr. Speaker. This is a bill intituled Training on the Job Act, and in speaking to the principle, Mr. Speaker, we desire to encourage a programme of training on the job of all our citizens in British Columbia. We feel that this programme will not only provide immediate training, but also immediate employment in the Province of British Columbia.
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It will supplement the training done by the educational and vocational school systems in our province, and we would propose that the government pay one half of the wages of persons taking the training programmes and the other half be paid by industry. We would suggest should the government consider this, our only stipulations are that the wages should be at the going rate for the work that is being done and that the training period must last for a period of at least 12 months.
In view of the serious unemployment problems that we have faced over the past months, created mainly due to the increase of population, especially from other, provinces, we consider the passing of this bill known as the Training on the Job Act a top priority of the provincial government and we would hope that they would consider it, Mr. Speaker, and I move second reading of this bill.
MR. SPEAKER: There has been objection raised already. I've listened to the explanation of the Hon. Member. I would point out that under standing order 67, it clearly requires that this bill be carried forward by means of revenue of the province, and that the Lieutenant-Governor-in-Council has certain duties, and in view of those circumstances and the expense involved that is not covered by a message from the Crown I see no other course but to rule it out of order.
HON. MR. BARRETT: Second reading of Bill No. 23, Mr. Speaker.
AN ACT TO AMEND THE MUNICIPAL FINANCE AUTHORITY
OF BRITISH COLUMBIA
MR. SPEAKER: The Hon. Member for North Okanagan.
MRS. JORDAN: Thank you, Mr. Speaker. Perhaps for the benefit of the new Members of the House you might permit me a very, very brief history.
Interjections by Hon. Members.
MR. SPEAKER: Order, order!
MRS. JORDAN: In speaking to the principle of this Act to Amend the Municipal Finance Authority of British Columbia, I would advise the new Members that the Province of British Columbia….
MR. LAUK: I have a point of order. This Act clearly offends standing order 67.
AN HON. MEMBER: How many leaders have you got over there?
MR. SPEAKER: I would like the Hon. Member for North Okanagan to explain how it offends against standing order 67 or it doesn't.
MRS. JORDAN: Thank you, Mr. Speaker. I was attempting for the benefit of the new Members to just explain very briefly what the Municipal Finance Authority is. The Province of British Columbia, because of a desire for sound financial management and knowledge of financial ability, through the Minister of Finance, achieved a double "A" credit rating and a respected position in world financial markets. This reputation and this financial ability gave birth to a new authority called the municipal Finance Authority which represented all municipalities in British Columbia and all regional districts and brought them together as one body which allowed them to benefit from the financing of their joint assets. By forming the Municipal Finance Authority and bringing these municipalities together, it gave each municipality and each regional district, large or small, an equal opportunity to finance its undertakings at a very modest interest rate. In fact an interest rate that is enjoyed by few other jurisdictions in Canada including other provinces.
[ Page 381 ]
MR. SPEAKER: Excuse me, Hon. Member. There is one question that the learned Member has raised and I would ask you to address yourself to, and that is the section that extends the borrowing powers to a much wider extent than exists today, to other fields other than they presently enjoy. Does this not therefore increase the burden upon the people by placing a heavier burden on them in any case where the authority borrows money henceforward?
MRS. JORDAN: No, Mr. Speaker. If you would just give me a moment. This does not impose any imposition on the Crown. What it does — and this is what I was coming to — when this financing authority was formed it was agreed between the municipalities in the regional district and the government that they would undertake just the financing of public works, such as sewers and water systems and it was a commitment by the former Minister of Municipal Affairs and the former government in conjunction with the financing authority that when it reached maturity and had established itself on the financial market, that they would expand its financing ability which still doesn't impose any expense on the Crown, and there is no provincial guarantee, Mr. Speaker, on this. It's an independent authority, and this bill proposes to meet that commitment so that the municipalities can utilise this function, this vehicle, which imposes no expense on the Crown.
MR. SPEAKER: I think we've all obtained the benefit of your argument to understand what you are driving at. Now the question remains that the learned Member for Vancouver Centre has pointed out quite properly. I think that the bill does offend against standing order 67. The reason I say it does is because you extend the borrowing power by not limiting it any longer to specific works. Therefore, you place a burden on all the municipalities where formerly one municipality might borrow for those specific purposes.
Now it requires the support of all the other municipal bodies to back up the guarantee for an extended use of money, and extended borrowing into other fields, and therefore it does tend to place a burden or an impost upon all the municipalities of British Columbia and consequently would be out of order, unless it were by a message bill. I must therefore respectfully rule it out of order.
MRS. JORDAN: Well, Mr. Speaker, it was my understanding that by being a vehicle with no provincial guarantee or backing and that it was that these bills applied to the actions of this House, that it could be amended.
MR. SPEAKER: An impost on any section of the people of British Columbia is out of order in the hands of private Members and I rule it out of order and that has been the decision of Speaker after Speaker before me.
MRS. JORDAN: With due respect, Mr. Speaker
MR. SPEAKER: Would you kindly be seated?
MRS. JORDAN: I would challenge your ruling.
Mr. Speaker's ruling sustained.
HON. MR. BARRETT: Second reading of Bill No. 24, Mt. Speaker.
AN ACT RESPECTING PROCEEDINGS AGAINST THE CROWN
MR. SPEAKER: The Hon. Second Member for Vancouver–Point Grey.
MR. GARDOM: I know, Mr. Speaker, that this is indeed a bill very close to your own heart because I do recall when you were a Member for Burnaby-Willingdon….
MR. SPEAKER: Burnaby where? I don't take responsibility for Burnaby-Willingdon.
[ Page 382 ]
MR. GARDOM: Burnaby-Edmonds, sorry. You introduced a measure much along the same lines as this as was earlier done by the then George Gregory and after him, by the Member Alan McFarlane. Very, very quickly and simply, Mr. Speaker, the fiat system is an out-moded system in contemporary society. We and I'm sure the government Members look upon the individual as the hallmark of democracy and this individual should be able to wage his case against government exactly the same way as government can wage its case against him.
There's absolutely no reason, Mr. Speaker, why a government with the largest personnel and power to defend should be permitted to hide behind a concept which should have perished with the divine right of kings. The purpose of the bill, Mr. Speaker, is to permit the citizens of British Columbia to sue their government and I so move second reading.
MR. SPEAKER: The Hon. the Attorney General.
HON. MR. MACDONALD: I have to raise a point of order, Mr. Speaker. Because previous Speakers have ruled that this interferes with the prerogative of the Crown and they have ruled bills out of order, occasionally to my own personal sorrow, as I think I have presented this one in the past myself.
MR. SPEAKER: The Hon. Attorney General raised a valid point of order.
I refer to the decision of the Hon. William Murray in 1972, Journals of the House, page 260, where the same bill was presented in almost identical terms — it was then Bill No. 85 — I think by the same Hon. Member. And he may have forgotten that.
It said in there, "on a point of order being raised by the Hon. the Attorney General that the bill interfered with the prerogative of the Crown, Mr. Speaker sustained the point of order and further stated that the bill was out of order in the hands of a private Member in that it offended standing order 66, as involving the expenditure of public funds." The bill was ordered dropped from the order paper and I must do the same in this case.
MR. GARDOM: But we have a new Attorney General now, Mr. Speaker.
MR. SPEAKER: But we have the same old bill. (Laughter).
AN HON. MEMBER: The same old Liberal.
HON. MR. BARRETT: Second reading of Bill No. 25, Mr. Speaker.
THE GUARANTEED MINIMUM INCOME ACT
MR. SPEAKER: The Hon. First Member for Victoria.
MR. MORRISON: Mr. Speaker, in speaking to the principle of this bill the Social Credit Party policy interpreted in this bill recognizes the urgent need to provide a guaranteed monthly income, for those who are handicapped by virtue of age, mental or physical disability and for mothers of dependent children.
I would like to point out to this House, Mr. Speaker, that the former Premier, and Leader of our Social Credit Party, Hon. W.A.C. Bennett, was the man who pioneered the idea of the guaranteed monthly income at a federal-provincial conference, and since that time the phrase "guaranteed annual income" has become fashionable with other parties. It is also obvious that the Hon. W.A.C. Bennett's proposals….
MR. SPEAKER: lion. Member, it is a practice in every House that you do not refer to other Hon. Members by their personal name. It's all impersonal — you refer to "the Hon. the Leader of the Opposition". If I may check you in that regard.
[ Page 383 ]
MR. MORRISON: Thank you very much, Sir. It is also obvious that the Hon. Member for South Okanagan's (Hon. Mr. Bennett) proposals at that time were practical and needed for the segment of our population who are among the nation's poor, low-income or handicapped. The guaranteed annual income proposal has been lauded by the Senate Committee on Poverty in Canada. It has been endorsed by those with awareness of our social needs in many countries, including the United States of America. I want to speak today on behalf of those people who are defenseless at this time of inflation. And in this area of economic instability….
HON. MR. MACDONALD: A point of order, Mr. Speaker. I point out that this subject matter has been widely canvassed in the House at this short session, widely canvassed. And it appears from that discussion, Mr. Speaker, that this does cost the Crown some money and it offends therefore standing rule 67.
MR. SPEAKER: Well, I am forced by the rules to interrupt the Hon. Member and point out that section 1 clearly does interfere with the Crown revenues…it refers to consolidated revenue funds. Now, without further ado I want to also point out that this subject and the debate on this subject was in general canvassed in second reading of other legislation before the House. And in the circumstances I have, because of the point of order, no other choice but to rule it out of order.
HON. MR. BARRETT: Second reading of Bill No. 26, Mr. Speaker.
CHRIST CHURCH CATHEDRAL HISTORIC SITE GRANT ACT
MR. SPEAKER: The Hon. Member for North Okanagan.
MRS. JORDAN: Mr. Speaker, the purpose of this bill is to acknowledge in British Columbia, in the beautiful city of Vancouver, we have a unique and I would suggest in many eyes beautiful church, the Christ Church Cathedral.
It was built in the early 1900's the early part of the century. It has become very much part of the history of Vancouver. It serves not only a particular denomination, but it serves the spiritual needs of people who visit in the downtown area of Vancouver by way of their stays in the hotel, or people who wish to drop into a church and refresh themselves in an area of quiet, and in a Christian environment.
When one looks at Vancouver core, one can't help be impressed with some of the beautiful new buildings that are going up. But, Mr. Speaker, when I examined it not long ago I felt that there was a tedium of modernity growing and when you look at Christ Church Cathedral in itself you realise it offers a relief from modern life in its architecture, and in its spiritual concept.
We would propose in this bill that this Christ Church Cathedral, known throughout Canada, and really by many visitors around the world, be declared a historic site. And in so doing that the Crown undertake to assist, its preservation and to assist its restoration and to assist its continuing operation as a historic site.
We would propose that this not be totally a responsibility of the Crown that it should be on the basis of perhaps one-third from the Crown, one-third by private donation, and one-third from the City of Vancouver. And I recognise that the Attorney General is going to rule this out of order, but I would appeal to him, through you, Mr. Speaker, regardless of the imposition on the Crown, would you meet the commitment of the former government to see Christ Church Cathedral declared a historic site?
Would you give us an indication if you would undertake to do this within the next year because time is essential and with the pressure to destroy that beautiful building, that beautiful island of peace and Christianity, or man's humanity to man, in the centre of a busy and vital metropolitan area may be lost. I move second reading of this bill.
[ Page 384 ]
HON. MR. MACDONALD: Point of order under standing order 67, expenditure of public money.
MR. SPEAKER: I think the Hon. Member herself has admitted that that is the situation, and therefore she knows that I have no other course open but to drop the bill from the order paper.
HON. MR. BARRETT: Second reading of till No. 27, Mr. Speaker.
RECREATION FACILITIES GRANT ACT
MR. SPEAKER: The Hon. Member for North Okanagan.
MRS. JORDAN: Mr. Speaker in speaking to the principle of this bill there are three things under consideration.
The first is that in society today, and in British Columbia, because we are no different, there is a growing concern about finding new values in life. This is not confined particularly to the younger generation. I believe it's confined to all of us of all ages.
We have in British Columbia adopted, through the words of the new government, a no-growth policy and in taking these two points into consideration I think one that we must undertake to rotate jobs or provide jobs through looking and finding what this new emphasis in life should be. I suggest that recreation is this — Vancouver, if I may cite it as an example and one or two other cities in British Columbia, and many in Canada are built as places to work in but to get out of when the weekend comes. And I believe we need a new emphasis, that cities must not only be made beautiful architecturally, they must be made beautiful for people, and in so doing we must provide recreational areas, not just green belts.
In light of the fact that people are working shorter hours, have more free time, but less opportunity to develop physical health and improve their physical health through a strenuous physical activity, the principle of this bill points out that we have to provide what I might call, if I may be permitted to use the language, sweat-producing areas within communities where people can go, run vigorously — I don't mean this in an uncomplimentary way — but run vigorously.
I'm sure the Hon. the Attorney General realizes it is where people can play squash, or badminton so that they tax their bodies, they tax their breathing systems, they stimulate the circulation, and in this concept of providing new jobs through new emphasis in life and moving strongly into the area of preventive medicine….
MR. SPEAKER: A point of order. The Hon. the Second Member for Vancouver Centre.
AN HON. MEMBER: Oh, oh — he'll make the cabinet yet….
MR. LAUK: The point of order is that this is obviously an expenditure of the consolidated revenue which is public money and it's not a proper bill in private hands.
MR. SPEAKER: The point is well taken under standing order 67. I point out that it calls upon the consolidated revenue fund and where the expression "may" is used, it means "shall" in this instance because otherwise the bill would be futile. So it follows that it does interfere with the revenues of the Crown and under standing order 67, is out of order. And then the Hon. Member said something further about taxing the people — I think taxing them physically though.
MRS. JORDAN: I accept your ruling, Mr. Speaker, but I would suggest that again I understood that lawyers were to defend public interests and free speech and not stifle it….
[ Page 385 ]
MR. SPEAKER: Would the Hon. Member please sit down?
HON. MR. BARRETT: Second reading of Bill No. 28.
AN ACT TO AMEND THE SUPREME COURT ACT
MR. SPEAKER: Bill No. 28, An Act to Amend the Supreme Court Act, the Hon. Second Member for Vancouver–Point Grey.
MR. GARDOM: Thank you, Mr. Speaker. This bill is exceptionally different than any other bills that have been introduced this afternoon because it's in order.
At least it appears to be in order. Outward appearance sometimes is very valuable, Mr. Speaker, and I'm sure you will agree. I would suggest, Mr. Speaker, that the principle of this if accepted will considerably enhance the providing of greater justice and better equity in our courts and also it should have the effect of lessening litigation and the number of cases that go to court.
The purpose of the bill, Mr. Speaker, is to grant a judge the discretion to order interest on a judgment from the date when the court of action arose. So, if the court, Mr. Speaker, felt the circumstances merited it, a defendant could be penalised for its delay in not earlier paying the plaintiff and there by depriving the plaintiff litigant of the use of money or damages that were rightfully claimed and were rightfully his.
There's very good precedent for the measure, Mr. Speaker. Way back in 1833 a statute known as Lord Tenterden's Act made some provision for interest and that law arrived here by proclamation in 1859 when B.C. adopted the laws of England. Now, pilot legislation concerning the specific measure which is before the House this afternoon came in in England in 1934 when the Law Reform Act enacted something very similar to that which is now proposed. And it's been more in this legislation since then.
Also in other parts of the world, I might say, there's complementary legislation in New South Wales, in Queensland, in New York State and to a lesser extent in Ontario.
So, Mr. Speaker and Hon. Members, the bill would empower a B.C. Court if it felt necessary to include in the amount for which a judgment is given, interest on the whole or any part of the judgment for the whole or any part of the period between the date when the cause of action arose — say for debt or damages — and the date of the court judgment or the court award.
Now, as I said this should have the very desirable effect of encouraging settlement of law suits as well as giving some very deserved relief to plaintiffs where defendants have been able to use the plaintiff's money while the litigation is in process.
And in these days of very high interest rates this is far from an uncommon procedure and it is certainly one which should be discouraged. And I think that this amendment to the Supreme Court Act would assist in doing just this.
You find it happening, Mr. Speaker, in situations, say in claims of some magnitude, say in a building contract situation. One party is claiming from another — just pick a figure out of thin air — say $100,000 and it's a just claim.
But the individual does not recognise it or the company does not recognise it as a just claim and it's not paid. It takes about a year, or shall we say a year-and-a-half, to have the thing come for trial and during that period of time the defendant has the use of those funds and say at bank interest of 8 per cent there'd be $12,000 interest in the period of time that I've mentioned.
There's no reason why a plaintiff should have to feel that he's penalised by court's delay and this is one way that a plaintiff is penalised by court's delay and we find this situation happening in damage claims in many, many instances where there is settlement on the court house steps about two or three years after serious injury and the individual does not get any interest on the claim whatsoever.
[ Page 386 ]
The court makes an award — whatever it may be say $5,000 or $10,000 — but the poor unfortunate injured person doesn't receive any interest on those funds and the defendant has gained interest on them and it's a most unfair situation.
I do say, Mr. Speaker, that unfortunately at the present time both the common law and equity are unable to deal with this matter and that's why it has to be a thing that can be cured only by a legislative action. And I would be very pleased to move second reading.
MR. SPEAKER: The Hon. Minister of Highways.
HON. R.M. STRACHAN (Minister of Highways): Mr. Speaker, I'm inclined to agree with my friend that it is in order. Though it's a question of giving instructions to a servant of the Queen, but I won't raise that.
But I think there's a good principle involved in this particular proposal by the Hon. Member. I myself am examining it especially as it relates to the victims of automobile accidents. The government, I think, and we all agree it's a good principle. We want to examine it in the broadest possible context and I would, Mr. Speaker, in order to allow us time to complete our labours in that regard move adjournment of this debate until the next sitting.
Motion approved.
HON. MR. BARRETT: Second reading of Bill No. 29, Mr. Speaker.
AN ACT TO AMEND THE LABOUR RELATIONS ACT
MR. SPEAKER: Bill No. 29, An Act to Amend the Labour Relations Act. The Hon. Member for Columbia River.
MR. J.R. CHABOT (Columbia River): Mr. Speaker, this is a simple amendment to the Labour Relations Act and I wish to move second reading.
I want to say at this time that it appears, being the last bill in the House, it's one which appears to me to be in order. Unless some technicality might rule it out of order. But it does not involve the expenditure of public funds. It's an amendment to the Labour Relations Act which might be called the charity clause. Because there are people because of religious conviction in this province and in this country who do not believe in the philosophy of compulsory unionism. And what it does it makes provisions for these people to contribute an equal amount to what they're presently assessed as union dues to a registered charity in the Province of British Columbia in lieu of union dues.
There are very few people in the province really that would be affected by this particular clause. But I think these people have rights and that these rights should be considered and should be protected.
The provision which I'm presenting here at this time is not new. It's one which has been instituted in law in the Province of Ontario, the Province of Saskatchewan, and now in the Province of Manitoba. And I think it's a provision worthy of consideration. I would like to urge the government to accept this bill.
MR. SPEAKER: The Hon. Minister of Labour.
HON. W.S. KING (Minister of Labour): Mr. Speaker, I'm inclined to agree with the Member for Columbia River (Mr. Chabot) on a number of points. I think the bill is in order. As he suggested, I think it's simple. But I have indicated, Mr. Speaker, the government intention to conduct hearings over the next number of months and into the whole structure and framework of the labour laws of this province. It has been our policy to avoid changing or introducing any more legislation than what was absolutely necessary to improve the climate at this particular time. So, I don't think that this type of clause could contribute anything to the security of the labour
[ Page 387 ]
climate in the province at this particular time. I therefore move adjournment of the debate, Mr. Speaker, until the next sitting of the House.
MR. SPEAKER: I want to point out that I do have the prerogative too at this stage to rule it out of order. In my opinion it is out of order. I don't want by putting the motion to indicate that it is in order because there is an aspect of it that I won't go into since it hasn't been raised. So I will put the motion if it is agreeable.
SOME HON. MEMBERS: Agreed.
MR. SPEAKER: The motion is that the debate be adjourned until the next sitting of the House.
Motion approved.
HON. MR. BARRETT: Mr. Speaker, motions and adjourned debates on motions. I call motion No. 2 on the order paper, Mr. Speaker.
MR. SPEAKER: Motion No. 2 on the order paper. The Hon. the Member for North Peace River.
(That this House is of the opinion that the Minister of Highways, when drafting the legislation for government-operated car insurance, should be instructed to draft the legislation in such a way as to provide that
(1) no part of the promotional advertising costs, administration, and operating costs or claim liabilities charged against the government car insurance plan will be charged to consolidated revenue of the province, but shall come solely from premiums paid by policy holders;
(2) no part of the promotional advertising costs, administration, and operating costs or claim liabilities charged against the government car insurance plan will be supported by revenues derived specifically from motive-fuel taxes, vehicles' license fees, or drivers' license fees;
(3) no part of the promotional advertising costs, administration, and operating costs or claim liabilities charged against the government car insurance plan will be derived through borrowing accounts in the name of the government car insurance plan or of the province;
(4) compulsory government insurance requiring premiums for general insurance carried by
(a) school boards;
(b) hospital boards;
(c) university boards;
(d) Crown corporations;
(e) community college councils
shall not be used to offset any of the abovementioned costs for the operation of the car insurance plan itself;
(5) the accounts of the car insurance plan shall be presented to the Legislature annually and shall be subject to the scrutiny of the select standing committee of this House on public accounts and printing.)
HON. MR. BARRETT: Mr. Speaker, I'd like to point out that in the government's opinion motion No. 2 is out of order and I ask your ruling on that motion.
[ Page 388 ]
MR. SPEAKER: Motion No. 2, I must point out to the Hon. Member, the point of order having been taken, that this clearly dictates government policy and requires the government to move in the direction that is ordered by the motion and that this would be an offence against the rules of the House with respect to Speaker's decisions, volume 2, pages 35, 36 and 37. It imposes a duty on the government which is not permitted to a private Member or by other means in a message bill. It also offends in accordance with the decisions that have been made in volume 3 of the Speaker's decisions at page 54 and pages 61, 62 and 63. Those are the authorities I cite to the Hon. Member. I won't take the time of, the House to report on them lengthily but they are available to you.
MR. D.E. SMITH (North Peace River): Mr. Speaker….
MR. SPEAKER: I must strike it out.
MR. SMITH: Yes, I understand that. What standing order of the House are you using in referring to these rulings?
MR. SPEAKER: Standing order 67 deals with the resolutions as well. The problem is the Hon. Member may be taking it that I have to deal with it on the basis of a standing order. If you will examine the authorities I cited to you under our usages which follow those of May there are certain traditions and usages in regard to interfering with government policy and that's the basic reason as set out in those Speakers' decisions, and if you look at standing order 58, "whenever the Speaker is of the opinion that a motion offered to the House is contrary to the rules and privileges he shall apprise the House thereof immediately before putting the question thereon, and quote the rule of authority applicable to the case".
Now, that does not mean a standing order. It can also mean the customs, traditions, usages of parliament.
AN HON. MEMBER: What gives you the authority to quote something that's not in the standing orders of this House?
MR. SPEAKER: The first standing order does. The first standing order, Hon. Member, which says, and I quote that if you wish the authority on that: "In all cases not provided for hereafter or by sessional or other orders the usages and customs of the House of Commons of the United Kingdom of Great Britain and Northern Ireland as enforced at the time shall be followed as far as they may be applicable to this House". And this is the tradition in our House.
MR. SMITH: Thank you, Mr. Speaker, I accept your ruling.
MR. SPEAKER: Thank you.
MR. SMITH: But I wanted it on the basis of the reference to our standing orders so that we may be guided in the future.
MR. SPEAKER: Thank you.
HON. MR. BARRETT: I call motion No. 3, Mr. Speaker.
MR. SPEAKER: Motion No. 3, the Hon. Member for Boundary-Similkameen.
MR. F.X. RICHTER (Boundary-Similkameen): Mr. Speaker, in moving motion No. 3 and seconded by the Hon. Member for South Peace River (Mr. Phillips),
(That this House urge the provincial government to immediately review the procedures which are used for the care
[ Page 389 ]
of mental patients having a record of violence and in particular to review the procedures currently practiced with respect to their discharge back to the community.)
Now, late in August, Mr. Speaker, and I know that many of the Ministers of the government along with our Premier have been contacted by a series of letters and productions bringing to their attention a very sad situation that really started within my constituency, continued on through and finally ended up over in the Arrow Lakes area in which six people met their death. The individual responsible, one William Bernard LaPine was a young man, certainly physically fit but a very, very sick gentleman mentally.
Now, he escaped twice within this last summer months in June, July from Riverview Hospital. And we know we've had escapes previously but along with that we have had occasions where permissive freedom has been given to not only mentally-ill people but also criminally-inclined people who have been allowed out for sporting occasions and such and I don't confine this to the provincial area. It's equally applicable to the federal area.
Undoubtedly all the Members in this House will recall the incident that happened in Surrey, another one up at Matsqui — we have any number of them throughout the country broad and wide, that have had the individuals released. They have had a tendency in one particular area of crime or a mental incapacity that they have a predestined desire to carry out their mission. And whether it happens to be in the area of killing people or whether it happens to be assaulting people in various ways they invariably do this.
Now, in this particular case this individual escaped twice. He was in the Oliver area. He unfortunately killed two people — a young boy of 16 and another man. He took off and herded a group of campers into a camper unit and turned loose with an arsenal of bullets on them and wounded and killed. And then eventually went on, attacking an elderly couple, killed both of those and then in the final wind-up attacked a fisherman. And this is a very sad situation.
But not only on that one particular individual, only within about two weeks of this man being incarcerated and another man was turned loose from Pearson Hospital, directed to the Olivera area although he had no particular family ties there, but directed to that area because they couldn't handle him in Pearson Hospital. Well, if he couldn't be handled by people who are trained in this field how could he be handled by a community?
This is the area in which I think that I would appreciate if the government would give serious consideration to accepting the recommendations of this motion and have a look at the methods in which we handle these people with these particular peculiarities and these tendencies and I think that maybe we can help the individuals themselves and certainly help society. And I move the motion.
MR. SPEAKER: The Hon. Minister of Health Services and Hospital Insurance.
HON. D.G. COCKE (Minister of Health Services and Hospital Insurance): Mr. Speaker, we've observed the motion on the order paper and I must say to the Hon. Member that we're doing that very thing right now. We have a problem in this province as they have in the rest of the world. You know, there is just no possible way that people can be protected totally from this sort of thing. Because there are many more outside that are equally dangerous that aren't even recognised.
The problem that we've had in Riverview has been under close scrutiny. The problem that we had in Pearson has been under close scrutiny. Having spoken many times from the other side of the House I think it's probably understood that we've indicated that there has been some shortcomings in those particular institutions, the two that were mentioned. It's under close scrutiny now, we're reviewing it and Mr. Speaker, I would adjourn debate on this motion until the next sitting of the House.
Motion approved.
[ Page 390 ]
HON. MR. BARRETT: Mr. Speaker, it is my understanding that the Hon. the Administrator is in the precincts of the legislative assembly and I would ask leave of the House to take recess until 3.45.
The House took recess.
The House resumed at 3:45 p.m.
MR. SPEAKER: The Hon. Minister of Health Services.
Hon. Mr. Cocke files answers to questions on behalf of Hon. Mr. Levi.
Hon. Mr. Barrett files answers to questions.
MR. SPEAKER: Would all Members rise.
His Honour the Administrator entered the House and took his place in the chair.
CLERK ASSISTANT:
An Act to Amend the Land Registry Act.
An Act to Amend the
Gift Tax Act.
Guaranteed Minimum Income Assistance Act.
Handicapped Persons Income Assistance Act.
An Act to Amend the
Mediation Commission Act.
An Act to Amend the Male Minimum Wage
Act.
An Act to Amend the Public Schools Act.
An Act to Amend the
Municipal Act.
Tobacco Advertising Restraint Act Repeal Act.
Tobacco Products Act.
An Act to Amend the Government Liquor Act.
Legislative Procedure and Practice Enquiry Act.
Sessional Allowances Reduction Act, 1972.
In Her Majesty's name, His Honour the Administrator doth assent to these bills.
HON. J.O. WILSON (Administrator): Mr. Speaker, and Members of the legislative assembly. Your deliberations during the first session of the 30th parliament have been of great benefit to the citizens of this province.
In his speech to you at the opening of this session, His Honour the Lieutenant Governor referred specifically to the guaranteed minimum income assistance of $200 per month for senior citizens as a measure which would pioneer legislation for the senior citizens of this province, and he expressed the hope that the consideration of this measure would be treated as a matter of some urgency.
I express my appreciation at this time that the importance of this measure has received your urgent consideration and that as this Legislature prorogues you will have accomplished through your legislative duties the enactment of a measure of which you may justly be proud.
Furthermore, in a companion measure you have guaranteed to our handicapped citizens a similar minimum income of $200 per month.
By amendments to the Gift Tax Act you have exempted, and thereby encouraged, gifts by our citizens to charitable organizations, hospitals, educational institutions, and to non-profit organizations whose works are of benefit to the community. You have also approved measures designed to restrain the immoderate and harmful uses of liquor and tobacco products, by restrictions upon the uncontrolled advertising of these products.
Amendments to the Mediation Commission Act and the Male Minimum wage Act have effected a change in the titles of each of these Acts to Mediation Services Act, and Minimum Wage Act respectfully. Furthermore, the increase in the minimum wage to $2 per hour, and the organization of labour/ management mediation methods and services will inaugurate a happier climate of industrial relations in this province. Changes of the Public Schools Act
[ Page 391 ]
will likewise improve the bargaining processes involving school boards and teachers, and will permit school boards to increase operating budgets so that our children will not be deprived of essential educational services.
Finally, you have approved a measure instituting a complete inquiry into all aspects of the conduct and governance of this assembly and its Members, and of the practices and procedure thereof, which will I am certain produce recommendations that in due course will enable this House to discharge in a much more effective and democratic way its duties to the advantage of all the people of this province. Such legislation will also benefit many citizens in this province for whom special measures were required to be enacted during this special session and will greatly contribute to their happiness and well-being and point the way to increased benefits in the future.
Members of the legislative assembly, I think you for your earnest deliberations and labours. Hon. Members, I now relieve you of your legislative duties and I trust that the blessing of divine providence will accompany you to your respective homes.
HON. E. HALL (Provincial Secretary): Mr. Speaker and members of the legislative assembly, it is His Honour the Administrator's will and pleasure that the legislative assembly be prorogued until it shall please His Honour to summon the same for the dispatch of business, and this provincial legislative assembly is hereby prorogued accordingly.
His Honour the Administrator was pleased to retire from the chamber.
The House prorogued at 3:50 p.m.
ERRATA
The following lines should be corrected to read as shown:
P. 4. L. 1.
North Vancouver–Seymour. Colin Stuart Gabelmann.
P. 83. L. 46, 47 and 48.
You know, two prominent socialist economists in Europe, Mr. Myrdahl and Mr. Schiller, have stated many, many times that any intemperate, ill-considered, ill-conceived entry of the government into
P. 83. L. 51.
This sentiment has been echoed by Mr. Freeman and Mr. Galbraith, in