1998 Legislative Session: 3rd Session, 36th Parliament
HANSARD


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


Official Report of

DEBATES OF THE LEGISLATIVE ASSEMBLY

(Hansard)


THURSDAY, DECEMBER 3, 1998

Afternoon

Volume 12, Number 19


[ Page 10897 ]

The House met at 2:07 p.m.

F. Gingell: In the gallery today are constituency assistants from virtually all of the Liberal MLA ridings, I think. We welcome them, and we are pleased that they are here. I'm not going to introduce them all by name -- except my own constituency assistant, because I'd be in trouble if I didn't. I would ask all members of the House to join me in welcoming to our gallery all the constituency assistants from the Liberal constituency offices, including Carla Perry.

R. Coleman: In the gallery today are four good friends of mine that I'd like to introduce to the House: Gary and Christina Taylor, and Bruce and Sheryl Strongitharm. Bruce and Sheryl are from Aldergrove, and Gary and Christina are from Langley. Would the House please make them welcome.

Hon. M. Farnworth: Joining us today in the House to observe the proceedings is Robert Hobbs, vice-president of government affairs for West Kootenay Power and Light Co. Ltd. I'll be meeting with him later on this afternoon. Would the House please make him welcome.

Hon. J. MacPhail: It's with great pleasure that I welcome to the chamber today 25 grade 11 and 12 students from the Spectrum senior secondary program in my riding. They're here to learn about government and history, and it's a very appropriate week to be here for that. I would ask the House to please make them welcome.

G. Plant: I'm hoping that the House will today make welcome my wife Janet and two friends: Joel Hemond, who has been our exchange student from Kingsey Falls, Quebec, for the past three months; and Alyse Wooldridge, who has come all the way here from Adelaide, Australia, just to see us. I hope the House will please make them welcome.

J. Sawicki: In the precinct today is my friend and my predecessor as MLA for Burnaby-Willingdon, Jim Lorimer. He was also a minister in the first NDP government, 1972-75. Would the House please make him very welcome.

Hon. D. Zirnhelt: Would the House please join me in welcoming Ruby and Jack Williams from Quesnel, along with Kay and John Lackner from the same city.

Hon. C. Evans: Joining us in the precinct this afternoon from the Vancouver Island Dairymen's Association are Roger Wikkerink, Wayne Wikkerink, Edgar Smith, Bob Collins, Terry Shannon, John Abma, Cindy Van Duin and Ann Wikkerink. Would the House please make them welcome.

G. Janssen: It gives me great pleasure to make an introduction on behalf of the MLA for Esquimalt-Metchosin. We would like to welcome to the House today 11 young adults from the Western Opportunity Network who are completing their high school education, and their teacher, Mr. Blair Sloane. I ask the House to make them welcome.

J. van Dongen: Visiting today is my former constituency assistant, Susan Gladiuk. I ask the House to make her welcome.

Ministerial Statement

DAY OF REMEMBRANCE AND ACTION

Hon. S. Hammell: On December 6, 1989, 14 young women were brutally murdered in Montreal by a man just because they were women. Every year since then, communities across Canada hold memorial ceremonies to remember and honour these young women and all women who live with and die from violence. This year my counterparts, the federal, provincial and territorial ministers responsible for the status of women, have issued a joint declaration on violence against women. The declaration states, in part:

"The ministers responsible for the status of women share a vision of safe, healthy communities where women are not exposed to violence or the threat of violence. Our vision is based on the full equality of women and men. We stress the importance of culturally appropriate and community-based solutions that take into account linguistic, cultural and geographic diversity, that respect aboriginal values and culture, and that reflect the particular needs of vulnerable groups.

"To achieve this vision, all of society must take responsibility. The elimination of violence is a long-term goal which can only be realized through lasting change in social values and attitudes. Governments cannot achieve this goal alone."

Hon. Speaker, hon. members, our work across this country to end violence against women is guided by the following principles: living free of violence is a right, not a privilege; violence against women is a crime and should never be considered a private matter; crimes of violence must be dealt with accordingly; safety for victims and survivors must come first; in order to eliminate violence against women, equality and healthy relationships among boys and girls must be promoted at an early age.

[2:15]

As federal, provincial and territorial ministers responsible for the status of women, we reaffirm our determination to stop violence against women. Our commitment will be realized through the actions of each jurisdiction. Together, these actions will enable us to meet the challenges and achieve our goals. We owe it to all women who may be affected by violence now and in the future.

Hon. Speaker, I ask that you and all members of this House join me tomorrow, Friday, December 4, at a memorial ceremony in the rotunda from 11:30 to 12:30. At this ceremony, we will remember and so honour those 14 young women, who died so terribly in 1989, and all women who live with and die from violence. We will share our commitment to build a safer future for B.C. women.

Hon. Speaker, I ask leave to table this declaration on ending violence against women.

Leave granted.

L. Stephens: It's a privilege for me to rise and reply to the ministerial statement. I want to thank the minister for the notice given.

Wednesday, December 6, 1989, is a day that many people will never forget. The tragedy of 14 murdered women should never be forgotten. It was the worst act of violence against

[ Page 10898 ]

women that we've ever experienced in our country's history. Violence against women cuts across age, social, economic, cultural and religious boundaries; 51 percent of all Canadian women have experienced at least at least one incident of physical or sexual violence as defined under the Criminal Code. The highest rate of violence, at 59 percent, is reported by women in British Columbia, so there is much to be done.

There is much more than mere talk and issuing of declarations. Violence against women is a crime. It is imperative that such crimes are treated with the seriousness they deserve and that a greater priority be placed on changing attitudes to prevent family violence in our society. The official opposition is committed to stopping violence against women, so I am pleased to support this declaration.

I want to encourage people across British Columbia to support this year's white ribbon campaign and to participate in memorial ceremonies being held, here in Victoria at the Legislature and in communities around the province, on December 6. This is an important day as we commemorate the National Day of Remembrance and Action on Violence Against Women.

Oral Questions

AMBULANCE SERVICE COVERAGE

R. Neufeld: My question is to the Minister of Health. Jenny Rondeau came home from Alberta to Fort St. John to stay with her parents and have her baby there while her husband was away working in the Northwest Territories. On September 9 she had her baby, and when complications set in, she was flown by Alberta air ambulance to Edmonton. Seven weeks later Jenny received a bill from the B.C. Health ministry, demanding a payment of $5,000. Will the Health minister tell us why on earth the parents were charged almost $5,000 to get the treatment they needed to help their baby?

Hon. P. Priddy: As I expect the member knows, staff in my ministry are actually working with this family to see if we can find some solutions for this.

It is the circumstances of people who move to British Columbia that their first three months of health insurance are covered by the province from which they have come. In their case, they moved from Alberta to British Columbia, so all of their health care premiums are being paid by Alberta. In the same way, if B.C. residents move to Prince Edward Island, we would cover all of their health premiums, which are covered under the Canada Health Act. We would pay.

Unfortunately, ambulance services are not covered under the Canada Health Act. So nowhere in this country, if you move from province to province, is ambulance service covered in that first three months. It doesn't matter if you're in British Columbia, Alberta, Saskatchewan or anywhere else across the country.

We also do recognize that for a young family with a new baby, this is indeed a challenge. Staff in my ministry have been working with this family to see if we can resolve it.

The Speaker: First supplementary, member for Peace River North.

R. Neufeld: Thank you very much for that explanation. I too thought: how distressful this must be for a new family with a small baby who is fairly sick -- getting a $5,000 bill from a cold, impersonal government. What I did was take the time this morning to phone the Alberta air ambulance service -- the program -- and talk to the manager there. He said that Alberta hasn't even decided whether or not they will rebill British Columbia for that service.

It was Alberta that provided the air ambulance service, which hasn't cost your ministry a plug nickel. How is it that the Ministry of Health can charge a young family -- send a bill from the Ministry of Health in British Columbia to a young family -- for $5,000 for a service it never provided or never paid for?

Interjections.

The Speaker: Order, please.

Hon. P. Priddy: Because this baby was resident in British Columbia at the time that the emergency occurred for the baby, then we would assume that that would be our responsibility or that the billing would come here. If the Alberta government doesn't bill us, that's perfectly. . . . If it doesn't decide to bill us, that's perfectly fine. But never in the history of our working with Alberta have they chosen not to bill for ambulance service, so I don't know why in the world it would be the case this time. But absolutely, as the member knows, we have been working constantly with this family to be able to sort this out. We've made a number of calls, and we'll continue to try and sort this out.

Interjections.

The Speaker: Order, members. There is a member on her feet, and I'm about to recognize her. The member for Okanagan West has the floor.

S. Hawkins: My question to the Minister of Health is simply: is it the policy of her government to charge families for services that this NDP government has neither provided nor paid for?

Hon. P. Priddy: No.

The Speaker: First supplementary, member for Okanagan West.

S. Hawkins: Well, according to Ross Turnbull, who is the manager of the Alberta air ambulance program, even if Alberta had billed the B.C. Health ministry for the air ambulance service, it wouldn't have charged as much as B.C. Health is charging the poor family. He said they would have charged much less than the $4,932.32 that the Rondeau family was charged by this government. So will the Health minister tell us on what basis her ministry came up with the figure of $4,932.32 that was billed to Jenny Rondeau and her young family?

Interjections.

The Speaker: Order, members.

Hon. P. Priddy: I do not know the formula that was used in this particular circumstance. I'm delighted to get that information and give it to the opposition member.

[ Page 10899 ]

B.C. PARTICIPATION IN FEDERAL FARM RELIEF PROGRAM

J. Weisgerber: My question is to the Minister of Agriculture. Federal and provincial Agriculture ministers met in Ottawa recently to discuss the cash crisis facing grain, cattle and hog producers. At that meeting, Saskatchewan Agriculture minister Eric Upshall made a very strong case for the beleaguered farmers in his province. Can the minister advise British Columbia farmers what role he played in that important meeting?

Hon. C. Evans: Sure. That meeting was a follow-up on a conference call that Ministers of Agriculture all over the country participated in -- myself on behalf of British Columbia, as well as, I would say, about half the other ministers in the country. It was agreed that the federal minister would do some work -- prepare some paper to distribute to the ministers. There was a meeting, which my deputy attended. There were no announcements, except, of course, that some ministers went out into the hall and made phone calls and said how important they were -- sure, that's true. But the discussion, the real substance of the thing, was done on the telephone conference call. My deputy brought back the information, and I'll be happy to share it with you, if you wish.

The Speaker: First supplementary, member for Peace River South.

J. Weisgerber: Perish the thought that a minister would go out in the hall and grandstand. [Laughter.]

Interjections.

The Speaker: Members, members.

J. Weisgerber: Thank you, Madam Speaker. Seriously, recognizing the current commodity crisis as the worst crisis since the Great Depression, federal Agriculture minister Lyle Vanclief received agreement-in-principle from his cabinet for a $1.7 billion disaster fund for farmers. The plan would provide about $400 million in farm aid annually -- federal funding representing 60 percent of that amount, with 40 percent to come from the provinces. What steps has the minister taken to ensure that British Columbia producers have an opportunity to access this critically important help?

Hon. C. Evans: It's a really good question and an important issue, and I want to say thanks for the question. As to the steps that we've taken, what the federal government is attempting to do is deliver a whole-farm insurance program -- in other words, to shift the way crop insurance used to go from one crop at a time to insuring the value of the farm income. We did that in response to El Niño two years ago here in British Columbia, and last year we paid out a whole-farm insurance program to our producers. We have excess money in that fund prepared to, on an hourly basis, match the federal contribution -- if it ever gets here -- to help our hog farmers and grain farmers. We're ready; we're waiting. Vanclief, send the money. We'll match it. We'll do the deal.

HOME MORTGAGE FORECLOSURES

M. de Jong: Families across British Columbia are being devastated by the effects of a recession that this government wouldn't even admit to until it had exhausted every possible excuse it could think of. Not only are more and more British Columbians being forced to leave the province, but more and more British Columbians are being forced out of their homes. We've received confirmation that over 2,500 B.C. families have lost their homes in foreclosure proceedings, and the rate of foreclosure is climbing.

My question is to the Minister of Finance is: if her economic plan is working so well, why is it that more and more B.C. families are losing their homes and with it their life savings?

Hon. J. MacPhail: Hon. Speaker, there are families in this province that are facing some very serious economic times. We know that. In fact, we represent the constituents. . . . Many of those people who live in this province. . . . We represent them and meet them directly each and every day. Yes, there are some tough times. We have been very forthright in the parts of this economy that are suffering recession -- very forthright. Our resource sector is in recession. We are working extremely hard, in the context of what's affordable to taxpayers, to reduce taxes, particularly for working families. For the fourth year in a row our personal income taxes have been reduced for working families. I know that this is a statistic that the opposition refuses to recognize, but for those families that earn $80,000 or less, the tax rates. . . .

[2:30]

Interjections.

Hon. J. MacPhail: No, it's important, because you refuse to listen to this.

For families or individuals that earn $80,000 or less in this country, B.C. has the second-lowest tax rate of anywhere in Canada.

We are the only province in all of Canada that has an affordable housing policy. We are the only province in all of Canada that continues to build social housing. We are the only province in Canada that for two years straight has had a B.C. family bonus that pays $103 to each and every child in this province.

The Speaker: Minister, conclude, please.

Hon. J. MacPhail: We know about disposable income and working families.

The Speaker: First supplementary, the member for Matsqui.

Interjection.

M. de Jong: Relax. When I want to hear from the B-team, I'll get to you -- okay?

Interjections.

The Speaker: Members, come to order. Members, we are only prolonging all of this.

M. de Jong: What the minister doesn't want to acknowledge is that upwards of 20 B.C. families are facing foreclosure proceedings every single day. She doesn't want to acknowledge that. She talks about being forthright. Let's see how forthright she has really been. She started by calling it a

[ Page 10900 ]

statistical recession. Then she called it a sectoral recession. When is the minister going to stand in this place and acknowledge that this is a people recession -- that they're real people losing their jobs and real people losing their homes?

Hon. J. MacPhail: It's a funny week when those members opposite will stand up and not give a whit about the families that work for Canadian Lumber. It is a funny week when those members opposite will stand up and not give a whit about Woodland Forest Products. It is unbelievable that throughout all of 1997 and 1998, the members opposite didn't care a whit about the families who work for Skeena Cellulose. I find it unbelievable. In fact, I do not believe them -- that they could care less about the families in this province who are foreclosed. We care. We're dealing with the tax situation. We're dealing with their jobs, actually. We're trying in times when the rest of the world is falling into a recession. We are working each and every day with families to assist them through these tough times.

RESULTS OF DECLINE IN HOUSING STARTS

R. Coleman: The Canadian Home Builders Association of B.C. has downgraded its projected housing starts by 8,000 units this year. That means that British Columbia is about to reach a 50-year low in per-capita housing starts. As a result, we're going to lose an additional 20,000 jobs in the construction sector. Will the Minister of Small Business tell me today how many small construction contractors and companies he expects to go out of business as a result of this collapse in housing starts?

Hon. I. Waddell: I can tell the member that the government is taking action to get the economy moving in difficult times. We're working hard to create a good business climate. We've cut red tape.

Interjections.

Hon. I. Waddell: Well, we're working with small business.

Interjections.

Hon. I. Waddell: Let the members listen to this. We cut taxes for 40,000 small businesses. We have a task force going on, cutting red tape, and we brought in a bill to do it. We've lowered the corporate capital tax for 90 percent of small businesses, and that includes construction. And you know, we've got a tourism industry that's booming -- that's just created another 80,000 jobs. We've got a film industry that's up another 10 percent. We've got a high-tech industry that has employed 42,000 more people. And while this government is moving to get the economy moving, moving to cut red tape, investing in health and education, what does the opposition do? It's all gloom and doom. Well, there are some positive things. . .

The Speaker: Thank you, minister.

Hon. I. Waddell: . . .out there, and I can tell the hon. members. . .

The Speaker: Minister, thank you. That ends. . . .

Interjections.

The Speaker: Members, come to order. That ends question period, and we have a ministerial statement from the. . . .

Interjection.

The Speaker: Order, please. The Minister of Human Resources has a ministerial statement.

Ministerial Statement

INTERNATIONAL VOLUNTEER DAY

Hon. J. Pullinger: I rise today to mark an important but often underrecognized event. This coming Saturday is International Volunteer Day, and it's a day set aside to celebrate the contribution of the thousands of women and men who give their time, talent and energies to their communities through volunteering. First, I think it's important. . . .

Interjections.

The Speaker: Members, we're in the middle of a ministerial statement. Member, continue -- and order in the House, please.

Hon. J. Pullinger: Thank you for that courtesy, hon. Speaker.

First, I think it's important to recognize the magnitude of volunteers' contributions. Fully one-third of British Columbians, roughly 1.3 million people, volunteer their time regularly to charitable or non-profit organizations. Their contribution adds up to a remarkable 169 million hours of volunteer time donated to worthwhile causes around the province. Second, I think we need to recognize the huge economic impact that volunteers have. In economic terms these women and men contribute time worth more than $2.5 billion.

While those economic and time contributions of volunteers is obviously very significant, I think every member of this House -- including the members opposite who want to laugh at this -- would agree that their real value lies in the lives and communities that are made better and healthier through their efforts. The real value of volunteers can be seen in a quiet corner of a classroom, for example, where a volunteer is helping a child with her reading, or in a church kitchen where a volunteer is preparing food for the hungry, or in a seniors home where a volunteer is bringing companionship or comfort to someone who's lonely, or in the sports field where children are learning skills or building confidence in a healthy way.

If we take time to think about it, I suspect that most of us couldn't imagine life in British Columbia without the many benefits that volunteers bring. And while we all clearly benefit from the contribution of volunteers, I think it's fair to say that it's a two-way street; volunteers obviously benefit as well. For many, especially for newcomers, for example, it's a way to become involved in their communities or to get to know their neighbours. For some others, it's a way to give something back to the community they live in and a way to feel good about helping others. Increasingly, the community sector provides opportunities for volunteers to gain valuable work experience -- perhaps as part of their education, as many do, or perhaps as a first step in getting the skills and confidence they need to find paid work.

Since my appointment last April as the first minister in Canada formally responsible for volunteers in the community

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sector, I've been meeting with volunteers, volunteer managers and the broad community services sector. They've told me that they want government to work with them to strengthen their relationship between government and the community sector. They want to work together to help coordinate, facilitate, influence and promote positive initiatives in the community sector. They want to work with this government to strengthen the sector, and some are establishing planning groups. Others are working to establish up-to-date electronic networking of the service groups in their area. We're working, for instance, with Networking Nanaimo in cooperation with the Nanaimo Online Association, which is one of the groups working hard to promote volunteerism and improve the services available to their community.

Today, in recognition of Volunteer Day, I want to draw attention to a new web site for the volunteer and community services sector, which can be reached through my ministry's home page. We also have linked the site to the United Nations web site, which is marking International Volunteer Day. Today I am also releasing a draft strategy that I've worked on with the sector for some time to promote volunteers in the community service sector. It will be up on the web site next week and mailed to volunteer centres and volunteer organizations next week.

This is a beginning. It's very much a joint effort with the community sector, and I look forward to working with them to shape this strategy into a final document that will guide our government's work to strengthen, promote and gain recognition for the voluntary and community sector.

Interjections.

Hon. J. Pullinger: Hon. Speaker, I find it absolutely reprehensible that the members opposite care so little about volunteers that they can't keep quiet long enough in order to listen to this statement.

The Speaker: Hon. minister. . . .

Interjections.

The Speaker: Order, members. Ministerial statements have a certain shape to them, and I would ask that the minister conclude her remarks.

Hon. J. Pullinger: I am virtually finished. Thank you, hon. Speaker.

I simply want to say on behalf of the government and, I would hope, every member of this House. . . . I want to thank the wonderful British Columbians around this province whose volunteer efforts make our communities and our lives a little better place to live. I know that most of us on this side, at least, are proud to join in Saturday's celebration of International Volunteer Day.

Interjections.

The Speaker: Members, come to order. In response I recognize the member for North Vancouver-Lonsdale.

K. Whittred: On behalf of the official opposition, I would like to add my voice in support of the literally thousands of volunteers throughout British Columbia -- volunteers who often provide and complement the services in those areas in our community which serve our youngest citizens, our oldest citizens or our most vulnerable citizens. I would like to add that my remarks at this time are in support of those volunteers, who genuinely do work within the province; they are not in support of the policies of this government, which I believe have undermined much of the work provided in the sector.

In my recent experience I have marvelled at the patience and caring exhibited by volunteers working in seniors homes. I have witnessed young people playing beautiful music to enrich the lives of patients in the palliative ward. And it has always amazed me that our entire minor sports system is run by volunteers. Every time we see a successful athlete, it is testimony to the skill and dedication of our volunteers.

The official opposition believes that volunteers are to be valued and encouraged within the framework of public policy. I look forward to hearing from the minister at a future time, when this report that she spoke of is completed. I think that this is a subject that all of us in this House would like to debate further.

I, with my colleagues, will join in celebrating the work of volunteers next Saturday at International Volunteer Day and thank all those generous, caring members of our communities who give so unselfishly of their time.

Orders of the Day

Hon. D. Miller: I call second reading of Bill 51.

NISGA'A FINAL AGREEMENT ACT
(second reading continued)

B. Penner: On behalf of the constituents of Chilliwack, it is my privilege and indeed an honour to take part in this debate. I think all members of this House agree that aboriginal people in Canada have endured years of inequality, discrimination, dependency and economic despair that must be corrected. I think we all agree that it's time to turn the page on this sad chapter in our history.

I believe that as legislators our goal should be to promote conditions that provide equality of opportunity within the framework of a single, united country for all people, regardless of ancestry or ethnic background. We should not repeat the mistakes of the past, where governments treated people differently under the law because of their ancestry, the colour of their skin or the nature of their language. Aboriginal people have endured unacceptable living conditions and discrimination for more than a century. In many cases, the same problems continue to exist today.

I grew up in Chilliwack and have known many native people my age who lived on reserves. I wondered why so many of my friends stopped coming to school when we reached the post-secondary level, and I wondered why so few found employment in our community. Later, when, as a lawyer, I represented native people in Chilliwack in the upper Fraser Valley, I learned that reserves are like quicksand: the more a person tries to get out, the more difficult life becomes.

[2:45]

I'm deeply concerned that the self-government provisions of the proposed Nisga'a treaty will reinforce the walls that divide us and ultimately harm the very people the government says they are trying to help. A truly municipal style of self-government, where all adults can vote and participate in elected office and where the legislative authority of the province and federal government is paramount, would be

[ Page 10902 ]

worthy of support. British Columbia already has an example of this form of aboriginal self-government in Sechelt, but this is not what the Nisga'a treaty contains, despite the Premier's claims to the contrary.

If approved, the Nisga'a treaty will, for the first time in Canada, create a new order of government with special status under the Canadian constitution. And for the first time in Canada, self-government provisions will be included in the text of the treaty itself, rather than through a separate act of Parliament. By the way, this form of a new order of government was rejected by 68 percent of British Columbians when they had a chance to vote in a referendum on the failed Charlottetown accord. As I recall, the NDP supported the Charlottetown accord at that time. This time, the government won't allow all British Columbians to have a direct say.

If this experiment in setting up quasi-provinces within British Columbia, with paramount powers in 14 areas of jurisdiction, doesn't work or needs fine-tuning, it will be virtually impossible to change, due to section 35 of the Constitution Act of Canada. This section reads: "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed." Stated differently, treaty rights are "constitutionalized" so that all government legislation which purports to alter any treaties in the future will be rendered of no force or effect.

This is what a former professor of mine at Simon Fraser University, Alex Macdonald, refers to as "constitutional concrete." Once a right is conferred in a treaty, it can hardly be taken back. By the way, Alex Macdonald is a former NDP Attorney General, who served in this province from 1972 to 1975 in that capacity. That is why we have to get this right the first time.

Some government MLAs have acknowledged that the Nisga'a treaty isn't perfect and will need improvement. But because the negotiators chose to include self-government provisions in the treaty itself, there is no opportunity to try this form of self-government. If it doesn't work, we won't be able to fix it. All of us will be stuck with it -- Nisga'a and non-Nisga'a alike.

I think that there should be something like a ten-year-review clause and that self-government provisions should be dealt with outside of the treaty so they can be changed if the need arises. This is what has happened in settling native land claims in the Yukon and the Northwest Territories, as in other parts of Canada as well.

Other native groups will want nothing less than what is offered in the proposed Nisga'a treaty. Even the Premier calls it a template and a model for the 50 or 60 treaties yet to be completed in British Columbia. The Premier may claim that the Nisga'a treaty is the ceiling, but native leaders are already saying otherwise. Even in my community, Stó:lo Chief Steven Point wrote, in the Chilliwack Progress on October 7, 1998, that there will be pressure to "improve the deal" from a first nations perspective.

As for the issue of costs, other speakers have accurately described how the Premier has kept moving this goalpost. First he told us that the total cost would be $190 million; then it was more than $200 million, and then close to $300 million. Now the Premier says it will cost almost $500 million. You almost get the impression that the government doesn't know or doesn't much care what the ultimate cost will be. If other treaties are settled on the same basis as the Nisga'a treaty, which amounts to just under $100,000 for every Nisga'a man, woman and child, the total bill will be about $15 billion -- that's billion with a "B." This amount does not include $32.1 million in subsidies every year that the federal and B.C. governments will have to pay to help operate the Nisga'a government. That doesn't sound like independence to me.

But cost is not my biggest concern. More troubling is the built-in uncertainty in the Nisga'a treaty that will result in a windfall for lawyers. I myself am a lawyer, and you might think I would take some delight in the prospect of ongoing employment once my time as a member of this Legislature has passed. But in all sincerity, I don't relish the thought that 20 years from now the exact meaning of this treaty will still be unknown.

That's why it's important to get a ruling from the courts of this land now, to determine the constitutional legitimacy of this agreement. In fact, it would have been better for us to have this debate after the B.C. Supreme Court has ruled on the application filed by the B.C. Liberal Party earlier this fall.

The Gitanyow hereditary chiefs have pointed out that this proposed treaty would give the Nisga'a wildlife management authority over 80 percent of the homelands claimed by the Gitanyow. What happened to the commitment to resolve overlaps before treaties were concluded? This is not certainty, because more litigation will inevitably result.

During the debate on CBC television three days ago, Premier Clark denied, when asked by reporter Kim Emerson, that the treaty could be reopened by the Nisga'a if other groups got a more favourable deal later. This type of provision is called a ratchet clause in the parlance of union negotiators, a language so near and dear to the heart of this government. So he must have understood the question. Yet Premier Clark's answer was absolutely wrong. Just refer to section 17 of chapter 16 of the proposed treaty. In fact, there are 52 sections in the treaty that require ongoing negotiation and discussion.

There is the other glaring statement from the Premier that occurred during the television debate the other night. In case you're wondering, that's where he said the Nisga'a will be the first aboriginal people in Canada to pay taxes. Several years ago Yukon natives agreed to start paying both income and sales taxes within three years of concluding the Yukon umbrella agreement. But under this new agreement, the one we're debating here today in Bill 51, the Nisga'a nation will be exempt from paying property purchase taxes, mining taxes, petroleum taxes and stumpage fees; income taxes won't be paid for another 12 years.

Two weeks ago I spoke to a native woman in Chilliwack, who told me that she worries that when it comes time to settle other land claims in B.C., there will be very little public support left for treaty-making. She expressed concern that goodwill is being destroyed by the government's partisan handling of this important issue. I don't think anyone believes that false information helps to build lasting relationships between different groups of people. I believe we need to put all the facts on the table for the public to consider. And we need to respect each other's opinions. As the Leader of the Official Opposition said on Monday, the greatest sign of respect is shown not in silence, but in open and honest debate.

We need workable, affordable treaties that provide certainty, equality and finality. I support self-government that is truly municipal in style, with delegated voting powers and equal voting rights for everyone, like the treaties concluded in the Yukon and Northwest Territories. We need treaties that we can all live with in the long term, no matter how much political pressure there may be today to "just get on with it" and ignore the nagging issues of fairness and equality. As I've

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tried to explain, due to section 35 of the constitution of Canada, we have to get it right the first time, and two wrongs don't make it right. Peace and prosperity can only be attained if we build upon a common vision of a united province and country.

Before closing, I would like to share with you some personal family history, because it helped shape my perspective on Bill 51 and the proposed Nisga'a treaty. More than 100 years ago, my Mennonite ancestors emigrated to the New World, to a young nation called Canada. In 1894 my great-grandfather, Peter Penner, and his wife Susie obtained a yoke of oxen from the Canadian government after establishing a homestead in Rosthern, Saskatchewan. In return, they were required to dig a well, break up ten acres of virgin prairie soil each year for three years and grow crops on that land. After meeting these conditions for three years, they were given title for the quarter section of land.

They built a log house, using clay, cow manure and straw to fill the gaps between the poplar logs. My grandfather, Jacob Penner, was born in that log house during a brutally cold snowstorm in 1898. In fact, he used to tell anyone who listened that he was born on the same day that a friend of the family, Peter Klassen, froze to death after getting lost on his way home. There was no proper medicine to treat diseases like typhoid, diphtheria, pneumonia and measles. Some say that infant mortality rates reached 40 percent. Such were the conditions that confronted my forefathers and aboriginal people alike.

For those early Penners, what hurt most was not the harsh climate or stingy soil. Rather, what hurt most was to be treated as outsiders during World War I and World War II. You see, most Mennonites spoke the German language and were treated with hostility and suspicion by the English-speaking majority. For example, my grandfather, Jacob, was forced out of his teaching position by the local school board in 1940 when they found out that he could speak German, even though he was fluent in English. Jacob was a Canadian citizen and had been born in Canada, yet after struggling through the Depression era, my grandfather was now without an income to support his wife Katheryne and their growing young family because he could speak two languages. To my knowledge, my grandfather never sought or received financial compensation. Instead, what he wanted most was to be accepted by his neighbours as a full citizen of this country. Eventually this occurred, and I doubt whether he would face the same discrimination today if he were still alive. He died in 1988.

Despite becoming an accepted part of the Canadian mosaic, my grandparents retained unique aspects of their traditions and beliefs and passed these down to my father, my brother, my sister and myself. My grandfather believed in fairness, and he believed in a country called Canada. My ancestors chose to climb over the walls that perpetuate the kind of disparity that inevitably comes with isolation. I'm concerned that the proposed Nisga'a treaty as presently drafted will only make those walls higher. Accordingly, I cannot support Bill 51 or the treaty it proposes to implement.

I note the time. Perhaps it would be appropriate, given the plans the members of this House have for later this afternoon, to move adjournment of the debate.

B. Penner moved adjournment of the debate.

Motion approved.

Hon. D. Miller: I move the House do now adjourn. We'd just like, hon. Speaker, to again extend an invitation for all to attend the ceremonies over at the museum.

Hon. D. Miller moved adjournment of the House.

Motion approved.

The House adjourned at 2:57 p.m.


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