Hansard — Monday, October 15, 2007 p.m.

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

Official Report of

DEBATES OF THE LEGISLATIVE ASSEMBLY


CONTENTS

	Routine Proceedings
		Page


Introductions by Members		8513

Introduction and First Reading of Bills		8513
	Tsawwassen First Nation Final Agreement Act (Bill 40)
	Final Agreement Consequential Amendments Act, 2007 (Bill 41)
	Treaty First Nation Taxation Act (Bill 42)
	Hon. M. de Jong

Address from the Bar of the House		8514
	Chief K. Baird

Statements (Standing Order 25B)		8516
	Homelessness
	D. Chudnovsky
	Tsawwassen treaty
	V. Roddick
	Housing and homelessness
	J. Kwan
	Riverview Hospital lands
	I. Black
	B.C. Cancer Foundation Tour of Courage
	B. Simpson
	98th anniversary of Maillardville
	H. Bloy

Oral Questions		8518
	Funding of seniors health care facilities in Victoria area
	C. James
	Hon. G. Abbott
	R. Fleming
	A. Dix
	J. Kwan
	Deaths in seniors health care facilities
	G. Gentner
	Hon. G. Abbott
	Lobbying activities of Graham Bruce
	L. Krog
	Hon. W. Oppal

Point of Privilege		8523
	L. Krog

Mr. Speaker: Hon. Members, I'd like to call on Elmer George Sr., elder for the Songhees Nation, to lead us in prayer.

Prayers. [Elmer George Sr., an elder of the Songhees Nation, delivered a prayer in the Lekwungaynung language.]

Mr. Speaker: Hon. Members, noting the number of guests that are here today, on behalf of all of us I'd like to welcome all those that are sitting on the floor and all those that are up in the gallery. Today is really a momentous day, and I want to welcome you all here to the Legislature.

Hon. M. de Jong presented a message from His Honour the Lieutenant-Governor: a bill intituled Tsawwassen First Nation Final Agreement Act.

Hon. M. de Jong: Mr. Speaker, I move that the bill be introduced and read a first time now.

Hon. M. de Jong: Mr. Speaker, I am very privileged today, on behalf of the government, to stand in this chamber and present what is in effect a new chapter in the history of the province, a chapter that presents opportunities for the future and creates a new way forward for the Tsawwassen First Nation.

Today I am honoured to introduce Bill 40, Tsawwassen First Nation Final Agreement Act. This landmark legislation will enable the Tsawwassen final agreement, British Columbia's first urban modern-day treaty negotiated under the B.C. Treaty Commission process to come into effect.

We are joined today on the floor and in the galleries by Chief Kim Baird, members of her family and the Tsawwassen treaty team. Chief Baird has dedicated the better part of her life to this treaty — a journey that has been challenging, that has required give-and-take on all sides and that is very much marked by her personal dedication and commitment to achieving a treaty for her community. Her presence in this chamber is proof that thoughtful and meaningful negotiation is a way — is the way — forward.

Aboriginal people have been left behind for too long while other Canadians have enjoyed the benefits of our nation and our strong economy. The social and economic status of aboriginal people remains shamefully lower than that of other British Columbians, other Canadians.

The Tsawwassen final agreement will provide land, cash and resources so that the Tsawwassen First Nation can build a stronger and more prosperous future for generations to come. This treaty is a recognition of the Tsawwassen First Nation's aboriginal rights and title. This agreement will allow the Tsawwassen First Nation to become an independent and self-reliant community.

It defines the Tsawwassen First Nation's rights to resources such as land and fish, and includes self-government provisions. It will create certainty not just for the Tsawwassen First Nation but for neighbouring communities — Delta — will increase investor confidence and will give the Tsawwassen people greater control and independence.

Treaties do help bridge the social and economic gap that exists between first nations and other British Columbians. I'm honoured to bring this settlement legislation to the chamber. This is a historic day for the province, the Tsawwassen First Nation and members on both sides of the House where we will have an opportunity to begin the discussion and debate of this treaty.

I move that the bill be placed on orders of the day for second reading at the next sitting of the House after today.

Bill 40, Tsawwassen First Nation Final Agreement Act, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

Hon. M. de Jong presented a message from His Honour the Lieutenant-Governor: a bill intituled Final Agreement Consequential Amendments Act, 2007.

Hon. M. de Jong: I move that the bill be introduced and read a first time now.

Hon. M. de Jong: Bill 41, which I'm honoured to present to this chamber today, the Final Agreement Consequential Amendments Act, 2007…. This act includes all of the consequential amendments to a number of B.C. statutes necessary to give effect to the Tsawwassen First Nation Final Agreement Act and to the Treaty First Nation Taxation Act, which members will see in a moment.

I move that the bill be placed on orders of the day for second reading at the next sitting of the House after today.

Bill 41, Final Agreement Consequential Amendments Act, 2007, introduced, read a first time and

ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

Hon. M. de Jong presented a message from His Honour the Lieutenant-Governor: a bill intituled Treaty First Nation Taxation Act.

Hon. M. de Jong: Bill 42, which I've just introduced, provides the legal framework for the real property tax coordination agreement between the province and the Tsawwassen First Nation, and will enable future agreements of this nature with other first nations.

I move that the bill be placed on the orders of the day for consideration by the House at the next sitting after today.

Bill 42, Treaty First Nation Taxation Act, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

Hon. M. de Jong: With leave, I move that this House extend to Chief Kim Baird of the Tsawwassen First Nation an invitation and permit her to address this assembly from the Bar of the House.

K. Baird: Mr. Speaker, hon. Members, ladies and gentlemen, I'm very honoured to be addressing the Legislature today and further honoured to represent my community. The fact that so many members of my community are here to support me gives me strength and holds me up.

For the Tsawwassen people this is a time of great hope and optimism, a challenging yet exciting time. It is a time for revival and renewal. It is a time when we will take back our rightful place as a community equal to others through our treaty.

I say take back our rightful place because we have a long and proud history that predates the birth of this province. For thousands of years we used and occupied a large territory that was abundant in fish, shellfish, wildlife and other resources.

The Tsawwassen treaty means many things to many people. In my view, one of the important things this treaty achieves is a new relationship between Tsawwassen, British Columbia and Canada. It achieves reconciliation, and I mean true reconciliation.

To me, true reconciliation signifies real action and tangible change. True reconciliation is the product of this treaty. It proves to the world that reasonable people can sit down and settle historical wrongs. It proves that a modern society can correct the mistakes of the past while providing for differences in values and cultures. As first nations, as British Columbians and as Canadians, we should all be very proud.

My presence here today is symbolic of true reconciliation. Our reconciliation was born of hard work and hard-fought compromises, so very painful to my community.

I also have reflected on other recent events that I view as very important steps towards reconciliation. The Hon. Steven Point's recent appointment as British Columbia's 28th Lieutenant-Governor is one of these recent events, a significant step in our history. Even the covering up of the murals offensive to so many is important, because in my view, true reconciliation is a culmination of steps where we try our best to better understand and accommodate each other. Though we try our best, accommodation comes through change that can often be painful and rocky.

This past July, after 14 years at the negotiation table, we ratified our treaty. After an enormous information campaign mounted by our council, staff and supportive community members and through careful review, members of my community ratified our treaty by a resounding 70 percent.

That is why I am here today. The treaty will be debated here in this Legislature before travelling to Parliament Hill in Ottawa for final debate and, hopefully, formal ratification. There were times I thought this day would never come. I'm so relieved to be able to stand before you and launch a debate that will decide the fate of the future for all of us. Our people have waited for well over 100 years for this moment.

I like to think that our ancestors would be proud. I also like to think that some of our aboriginal leaders who are no longer with us and who devoted their whole lives to the notion of treaty-making, which has afforded me the opportunity to negotiate our treaty, would celebrate our achievement too — or in recent times, those members who have recently left us and who provided such strong support for the idea of true reconciliation.

I'm so grateful to trail-blazers who have taken this journey before us, such as the Nisga'a.

I must pause and reflect a little bit on our journey to today. In our language, Halq'eméylem, the word "Tsawwassen" is translated into English as "land facing the sea." It also provides an accurate description of our home, our current reserve and most of our treaty lands being located in what is now known as Roberts Bank in Delta on the southern Strait of Georgia near the Canada-U.S. border.

We were accomplished fishers. Salmon and sturgeon were mainstays of our traditional diet. This is still

the case today. In small skiffs with powerful motors, also known as a mosquito fleet, we fish primarily for salmon, oolichan and crab. In fact, because of urbanization of our territory, fish is one of the only renewable resources we have access to. As such, it is of vital importance to our community.

Fish provides for cultural and social processes that are very important for our identity. I should say that I've read many draft treaty chapters in between sets while fishing in my own little gill-netter as well.

Our traditional territory was bordered on the northeast by the watersheds that feed into Pitt Lake, down Pitt River to Pitt Meadows, where they empty into the Fraser River. It includes Burns Bog and part of New Westminster, following the outflow of the river just south of Sea Island. From Sea Island it cuts across the strait to Galiano Island and includes all of Saltspring, Pender and Saturna islands. From there the territory continues northeast to include the Point Roberts peninsula and the watersheds of the Serpentine and Nicomekl rivers. We have never surrendered this territory of ours.

Our ancestors were also skilled hunters. Waterfowl — ducks, mallards and loons — as well as sea mammals such as porpoises, seals and sea lions formed part of their diet. The tidal flats at Westham Island and Boundary Bay were favoured duck-hunting areas. Today our hunters get most of our ducks fronting our existing reserve. Elk, deer, black bear and beaver were hunted in season, supplementing the regular diet of fish.

Ancient Tsawwassen people greatly relied on western red and yellow cedar, which provided homes, firewood, food, tools for carving and cooking, great oceangoing canoes, clothing and ceremonial gear. Food was abundant. A trade and barter system was in place. Specialized services were also exchanged.

We also had extensive practices and ceremonies that dealt with governance functions in our longhouse. Our longhouse systems also ensured the redistribution of wealth to make certain our people would survive. Experts are still learning how complex these practices were and are. This is a far cry from the portrayal of aboriginal people as savages.

I don't want to dwell on the impacts of European contact too much, but there are facts we need to consider. We can't underestimate the impact European contact has had on our communities. Over the past century our lives were much diminished by newcomers, who first took our labours for furs and fish but then later took our lands and resources and considered us a nuisance when our labour was no longer desired.

Residential schools forever changed the face of our communities due to the apprehension of our children and the discouragement of our culture and language. These impacts will face us for many more generations. As a mother of two small children, I cannot tell you how distressed I feel when I think of what happened to our ancestors.

Sadly, either these tools or similar tools of colonialism were used throughout the world at this unfortunate time in world history. More specific to us, tools of land title and other rights of newcomers were mapped over our territories, effectively erasing our presence and marginalizing us to the fringes of our territory and broader society.

In more recent times these tools have evolved to land use designations, official community plans and livable region strategies. Again, other people mapped over our territories without our input, all the while with unextinguished aboriginal title that still underlies our territory. Does this sound extreme? For sure, land use and development issues are key issues in our treaty and in the lower mainland as well. In fact, this is the crux of controversy because of the importance of these issues.

Consider the clause in our treaty that stipulates the transfer of 207 hectares to us from the agricultural land reserve. Some of you may have heard of this. In the countdown to the final agreement we made it clear we needed those lands in order to live and grow, to set up businesses and build houses. No other aspect of our treaty resulted in as much controversy, so many headlines. Some critics — including columnists, environmentalists and politicians — are trying to block our treaty because of the agricultural land reserve issue.

Critics choose to ignore Tsawwassen's history of being a victim of industrial and urban development to the benefit of everyone but us. The naysayers do not seem to care that they are calling for the continued exclusion of Tsawwassen from opportunities everyone else has enjoyed. "So what of Tsawwassen First Nations legitimate economic needs? So what of Tsawwassen First Nations land base needs? Let's just continue to ignore Tsawwassen First Nations needs."

I try not to become too disheartened, and I hope the members of my community take the same approach, because the facts speak for themselves. Today we have a tiny postage stamp of a reserve, a small fraction of a percentage of our traditional territory fronting a dead body of water trapped between two massive industrial operations. Our land and aquatic ecosystems have been fouled beyond human comprehension.

The ferry causeway with its millions of cars and trucks dissects our reserve to the south. Deltaport, with its 24-7 coal and container traffic, coats our houses with diesel particulate. Trucks and trains keep us awake at night. Consider, too, the bulldozing of a Tsawwassen longhouse for the construction of the ferry terminal causeway — no consultation. These industrial operations, which include a man-made island terminal and a causeway linking them to the mainland, have virtually destroyed our beaches, at least our ability to use them as we once had traditionally.

The ALR issue is just one of the compromises required for the conclusion of this treaty. Although this is one of the more publicly controversial aspects of it, make no mistake that my community has had to make a number of compromises too. I've highlighted this issue because I was worried that it would overtake our collective mutual objective of reconciling aboriginal rights and title with the Crown.

I think I can say on my and my community's behalf that true reconciliation requires this treaty receive broad support. I want our treaty to have the support of as many parties and individuals as possible. To have it become a political football due to various specific public policy issues, in my view, sullies the whole point of true reconciliation.

Compromises are indeed difficult but also very necessary. I think that there are many other reasons why this treaty represents true reconciliation. I'm very excited by the fact that the Tsawwassen people will no longer be tethered to the archaic Indian Act, an act which has failed all of us.

We no longer have to have our aspirations subject to a legion of bureaucrats purporting to have our best interests at heart. True reconciliation as set out in the Tsawwassen treaty from this day forward will bring the end of that paternalistic act. Today true reconciliation also means access to financial resources and economic opportunities which will be used for economic development and infrastructure development.

True reconciliation will also provide services and programs to Tsawwassen members. While my community has endorsed our treaty, we still worry about our future. We have much work to do to implement our treaty and to undo the legacy of oppression. In the homes of our reserve you can feel both a sense of excitement and a sense of apprehension. The real work begins now. We must put our mind to developing our governance structures and institutions. Being ready for self-governance will require much effort by all of my members.

The treaty is a legal document, of course — a framework that ensures we can enter the economic and political mainstream of Canada. Now, as equals, we enter the economic, political and social mainstream with all the rights and all the responsibilities. It also enables many new things. Our new relationship — such as within the membership of the GVRD, now known as Metro Vancouver — is a historic feat in itself. Today we are on the cutting edge of true reconciliation.

Our treaty is the right fit for our nation. More land, cash and resources provide us the opportunity to create a healthy and viable community, free from the constraints of the Indian Act. We now have the tools to operate as a self-governing nation for the first time in 131 years, since the first Indian Act was introduced.

The Tsawwassen treaty, clause by clause, emphasizes self-reliance, personal responsibility and modern education. It allows us to pursue meaningful employment from the resources of our territory for our own people or, in other words, a quality of life comparable to other British Columbians.

To everyone, it provides economic and legal certainty and gives us a fighting chance to establish legitimate economic independence, to prosper in common with our non-aboriginal neighbours in a new and proud Canada.

In closing, I want to share this thought with you. I am often asked whether it has been worth it — all the years at the negotiation table and the endless meetings under a seemingly endless series of new governments, ministers and officials, so many with new protocols and new directives that often contradicted earlier ones. Far too often we had to start over in the face of these realities.

I have been very fortunate to have dedicated and loyal Tsawwassen members by my side for the negotiations. They're here on the floor with me today. They have also persevered through the ups and downs.

No one was more surprised than I was when we did conclude a treaty. These negotiations are complex. At times the gulf between our respective communities seemed insurmountable. Even though we completed our treaty, there are still parts of it that I find offensive. But in answer to whether it was worth it, yes — a resounding yes.

When I began this process, I was a young woman, 20 years old. Now I am what I like to think of as a youngish 37. Today I have two girls, aged ten months and four. I am confident that they will study, work and live in a new and different world defined by hope and fuelled by optimism, while being proud of their heritage.

I have to add that I am also glad that in the future, when my girls visit this building, they will not feel embarrassed by how their ancestors are portrayed on those murals.

The future is very bright for my children and all the children of my community, if the treaty is signed by the three parties. I hope their world will be so much better than the one their ancestors faced for too long.

We are decolonizing through accommodation of our differences, not assimilation. That, Mr. Speaker, I trust you'll agree, is the ultimate benefit of true reconciliation. [Applause.]

Hon. M. de Jong: Mr. Speaker, I know there are some people in the chamber who have obligations. I wonder if we might recess for just three or four minutes to allow them to do so.

D. Chudnovsky: As you know, Mr. Speaker, I live in Vancouver. It's a beautiful city, but today in Vancouver, where I live, more than 2,000 people are homeless.

In Victoria, Nanaimo, Prince George, Kelowna, Kamloops, in the Kootenays and the Peace, on the north coast, in every city and town and in virtually every neighbourhood across the province, thousands of British Columbians have no home and thousands live on the streets — more than 5,000 across the province.

This is Homelessness Action Week. It's a time for each of us to dedicate ourselves to eradicating homelessness, a time to remember that adequate housing is not a luxury. Housing is a human right to which every British Columbian is entitled.

The homeless are not some alien species to be shunned and ignored. They are our sisters and brothers, our children, our friends and our neighbours. Some of them are ill. Some have addictions. Some are unemployed. Some work. Some volunteer. Some are aboriginal; some aren't. Some are at school. Some are parents. Some are lonely. Some are angry. In short, the homeless aren't so different from us.

Today and tomorrow the special United Nations rapporteur on homelessness will be in our province to hear from people without homes. Think of it. In 2007, with all of our wealth and privilege, the United Nations is in British Columbia to investigate homelessness. It should be an embarrassment to every one of us.

No more looking into the problem, no more polite discussions, no more excuses, no more waiting. It's time to stop the embarrassment of homelessness now.

V. Roddick: I am proud to be able to rise in the House on this historic day as the MLA for Delta South. I firmly believe that today marks the beginning of a new chapter for the people of the Tsawwassen First Nation and the municipality of Delta — a new chapter and a brighter future for us all.

We're a close-knit and active community. This treaty will provide confidence and a foundation for capacity-building. We look forward to forging a new and thriving relationship.

Congratulations to Chief Kim Baird and the Tsawwassen First Nation. Kim is a remarkable and admirable young woman whose strength, courage and commitment have empowered her community to achieve a landmark treaty and, with it, economic opportunity, self-sufficiency, hope and a proud future for the Tsawwassen people.

The beautiful door unveiled at this morning's celebration is ready to be opened.

J. Kwan: Tomorrow the UN special rapporteur on the right to have adequate housing. Miloon Kothari, will be in Vancouver on a fact-finding mission, where he will visit the downtown east side of Vancouver and hold a public hearing at SFU Harbour Centre. Mr. Kothari will meet with civil society organizations tomorrow and with the government the following day to discuss the housing issues faced by aboriginal people, women and the housing implications associated with the 2010 Olympic Games.

Housing is a basic necessity of life. Safe, secure, affordable housing contributes to many areas of a fulfilling life — individual health and well-being, educational achievement, social connections, labour market attachment and community identity. Housing is embedded as a human right under the international system in documents such as the UN declaration of human rights; the Covenant on Economic, Social and Cultural Rights; the convention on the elimination of all forms of discrimination against women; the convention on the rights of the child; the convention relating to the status of refugees; and many, many others.

Today marks the beginning of yet another Homelessness Action Week, and while Canada and British Columbia's economies are booming, one in five Canadian families is living in poverty, with aboriginal people, women and recent immigrants bearing the heaviest burden. Tenants' household incomes are falling as rents rise above inflation. Over the last decade less than one in every 100 new homes built in Canada was truly affordable. Homelessness has doubled in the Greater Vancouver Regional District between 2002 and 2005, and seniors poverty in B.C. is amongst the highest in Canada.

In their last visit to Canada, the United Nations called housing and homelessness a national emergency. The time has come. It is time to end homelessness.

I. Black: Last month my kids and I attended the Treefest festival at the Riverview lands in Coquitlam. It was a marvellous day of music, art displays and walking tours of some of the most extraordinary of their 2,000-tree collection. With the summer media attention about the future of this unique and historical site, it was not surprising to also sense a heightened anxiety at the various booths and hear comments reflecting the complex web of misperceptions and assumptions that are still ricocheting around the Tri-Cities and the various weblogs.

Vacating Riverview started in the early 1970s and was accelerated through the 1980s. Medical philosophy embraced a model of placing the mentally ill in our communities where, presumably, support systems would enable a safe and healthy existence among the rest of society.

Unfortunately, it didn't happen then, and it hasn't caught up sufficiently now. Last year the Premier drew a standing ovation in the middle of a speech at UBCM when he became the first senior elected official to publicly declare this 25-year treatment approach a failure.

Coquitlam's Riverview is a logical resource to which B.C. can turn to fix this problem. It is an opportunity to replace dozens of now dilapidated and empty buildings and gravel parking lots and create a new home for people most in need.

An exhaustive consultation process lies ahead. I am confident that every angle, every approach, every financing model and every consideration will be explored. I expect spirited debate, and there should be, as there are many, many points of view on this topic. Through it all, the treatment of the mentally ill and drug addicted must remain our primary focus no matter the model or residential mix that ultimately defines Riverview's fate.

In doing so, I'm fully supportive of the perspective stated in a recent B.C. government brochure acknowledging the relationship of the Riverview trees with the surrounding landscape and buildings and stating a commitment to enhance the tree collection's diversity, honour its history and embrace its therapeutic values and support its educational role, all in perpetuity.

B. Simpson: On September 23 cyclists from all over British Columbia participated in a fundraising ride for cancer with one of cycling's legends, Lance Armstrong.

Lance's personal battle with cancer and his seven consecutive victories in the Tour de France have made him a hero in the cycling world and a beacon of hope for millions of individuals and families who have been touched by cancer — families like mine and many other members of this House.

My brother Eric was diagnosed with testicular cancer the same year and same month as Lance was. Like Lance, he fought back in a way that's made him a legend in B.C.'s triathlon and cycling circles. Over the past 11 years Eric not only recovered from his cancer, but he became one of B.C.'s top age-group triathletes and a major fundraiser for the cancer treatment centre in Kelowna.

When the MLA for Kelowna-Mission challenged the members of this assembly to participate in Lance Armstrong's Tour of Courage, I jumped at the opportunity to ride with two of my heroes, Lance and my brother Eric. As an added bonus I also got to ride with Canadian cycling hero Steve Bauer and Belgian cyclist Axel Merckx. That was a lot of fun.

The voice of the Tour de France, Phil Liggett, and his wife participated as well, and Phil asked me to pass on a message to the member for Kelowna-Mission. He said he's not coming back next year unless the 90K is 90K and not 98. The last eight kilometres killed his old legs, and I can testify that they were killing mine as well.

I thank members from both sides of this House who sponsored me for this event and allowed me to ride with my heroes while contributing to a great event. The first annual Lance Armstrong Tour of Courage raised over $1.8 million for blood cancer research, and much of the credit for this event goes to the member for Kelowna-Mission. [Applause.]

I was just pre-empted because I was going to ask the House to congratulate the member, but instead what I will do is challenge the House that next year, let's have more than one MLA ride the 98-kilometre ride.

H. Bloy: On Sunday, September 23, 2007, Maillardville celebrated its 98th birthday. Today I want to take this time to recognize the rich cultural diversity and heritage that this community brings to our province.

Maillardville, nestled within the city of Coquitlam, is home to the oldest and largest francophone community in British Columbia, with settlers arriving from Quebec over a hundred years ago.

The history of Maillardville reminds us of the crucial role that the French played in the exploration and development of British Columbia and forges a living link with their rich Canadian heritage. French Canadians, since the inception of our country, have been renowned as explorers and pioneers. Not only were the French the first settlers of New France, as Canada was originally known, but they also had a long history of participation in every major expedition in Canada's western reaches.

Maillardville was named after Father Maillard, a young Oblate from France. The community quickly became more than just a French Canadian enclave in western Canada. It is now a vibrant community.

With the passing of time, the use of the French language in British Columbia has been much diluted. However, it is still heard on the streets and in the homes on the south slope of Coquitlam. Maillardville's past is recognized in street names that honour early pioneers and local redevelopment which reflect its French Canadian heritage.

Today we recognize and celebrate the community of Maillardville and its 98th birthday. Happy birthday, Maillardville.

C. James: The Premier once told health authorities in this province to treat seniors as if they were their own parents. The Premier promised that standards in care homes would not suffer from his privatization schemes. Well, Mr. Speaker, we know the truth, and the truth is that on both accounts he failed.

Across the street from this chamber, seniors of Beacon Hill Villa have been abused and abandoned because this government refused to increase care, and they fired workers. One resident died after being found with a wheelchair seatbelt around her neck. Another resident was found left on a toilet for two and a half hours. Residents are going days, if not weeks, without a bath. Seniors are suffering under deplorable conditions, and this government has turned a blind eye.

My question is to the Health Minister. Can he explain why he and the Premier have ignored the crisis at Beacon Hill Villa for so long — why they kept it hidden, why they let seniors live in such shameful conditions?

Hon. G. Abbott: These are matters that our government and our health authorities take very, very seriously. Whenever a complaint is received about a seniors facility anywhere in this province, whether it's publicly owned or privately owned, we take it very seriously.

In the case of Beacon Hill Villa there were complaints in 2007, which were immediately, thoroughly and comprehensively followed up on by the health authority and its licensing officers. There were 13 unannounced site visits. There were extensive interviews with family, with patients and with caregivers.

The result of that was that the Vancouver Island Health Authority initiated a formal review of quality of care. The results of that formal review of quality of care were some serious measures, including replacement of the administrator with a public administrator — with the nurse clinician on site and with the suspension of new admissions.

All of those are very serious steps in response to what clearly was something that the government viewed in the most serious manner.

C. James: We hear from the Health Minister what we always hear from this government, which is that only the information they want to share will they share. The Health Minister forgot to mention that there were serious concerns in 2002, in 2004, in 2005, in 2007, and this government did nothing to protect those seniors — nothing.

For five years this government let that neglect go on at a home that was right behind the Legislature. If the Health Minister had cared about seniors, he could have got up out of his office, walked out the back door and visited that care home himself.

The Premier had the information. His own health officials knew there was a crisis. They knew that Retirement Concepts was not providing proper care. A 91-year-old woman died after being found alone with a seatbelt around her neck, and nothing was done about it.

Again, my question is to the Minister of Health. Will he and the Premier finally admit that their cuts and privatization schemes have put seniors in this province at risk?

Hon. G. Abbott: I am sure it is remarkably tempting for the Leader of the Opposition to try to score political points on these issues. I would caution the member in the strongest terms not to form her conclusions until the coroner's work is done in respect of the very serious matter which she raised at the conclusion of her questions. I caution her in the strongest terms, Mr. Speaker.

In terms of complaints, whether the complaints were received in 1995, 1996, 2001, 2003 or any other year…

Hon. G. Abbott: …the licensing officials always pursue their role with diligence, vigilance and good conscience. For the hon. Leader of the Opposition to suggest that the complaints that were raised in 2005 were not addressed I think is inappropriate and quite insulting to the licensing officials.

Those complaints were followed up with diligence. There were remedial orders, and in every case, whether we receive a complaint in a publicly owned or privately owned facility, we follow up on them.

C. James: Mr. Speaker, I can tell you what's inappropriate. It's this government's treatment of seniors in British Columbia. That's what is inappropriate.

It's a new session, with the same old answers and same old ignoring the issues from this government. The Premier and his government refuse to take any responsibility for their failures when it comes to seniors care. Make no mistake. It was this government who failed seniors at Beacon Hill Villa — this government.

Has this government learned anything? No. In fact, conditions for seniors on the south Island are about to get worse. Internal documents from the Vancouver Island Health Authority outline the new funding arrangement for the region's care homes. The document, dated September 20, 2007, shows that more cuts are on the way for several care homes on the Island.

My question to the Minister of Health: can he confirm that homes like Kiwanis care pavilion are anticipating cuts of up to $300,000?

Hon. G. Abbott: What I can confirm is that in comparison to when we came into office in 2001….

Hon. G. Abbott: In comparison to 2001, the rates and investment in this area are up dramatically. I am very proud of the work that we have done as a government in respect of seniors care and seniors facilities in this province.

The budget for home care is up dramatically. The budget for residential care and assisted living is up dramatically, after a decade of neglect in the 1990s when the former NDP government was only able to build 1,400 new units over a decade. We now are incrementally at 3,500 new residential care and assisted-living units.

R. Fleming: Actually, I think the promise was for 5,000 care beds, just to remind the minister on his last point, and they're not here.

R. Fleming: Mr. Speaker, 3,600 is just the number that this government hasn't delivered on. The internal

VIHA documents are clear. The Minister of Health is going to make some facilities pay for his government's mistake by stripping them of funding and shifting them to other care homes. That's no way to run health care. It's no way to treat seniors.

Facilities like Kiwanis Pavilion and Mount St. Mary have managed to provide excellence in care despite this government's mismanagement. Now they're facing huge cuts, as the minister shifts funds to cover his government's mistakes. Instead of helping all seniors, the minister is punishing some by lowering standards.

To the Minister of Health: these facilities are already struggling. The crisis in seniors health care is only now coming to light. How can he justify cutting services from seniors in some homes to pay for his government's mistakes?

Hon. G. Abbott: The member opposite has absolutely no idea what he is talking about — absolutely no idea. For this member to fabricate that kind of nonsense purely for the purposes of scaring some of our most vulnerable citizens is absolutely shameful.

It is correct — and I've said this in the media a number of times — that at least two or three health authorities have asked us to look at residential care rates. We are looking at residential care rates. But to hear a lot of baloney and sanctimony from that side of the House, when they raised residential care rates up to 47 percent in the 1990s, is pure nonsense.

R. Fleming: If I have fabricated information, then I'd like the minister to clarify right now that there are two facilities in this community that care for elders with advanced dementia scheduled to have cuts — $300,000 at Kiwanis Pavilion and $1.2 million at Mount St. Mary.

Will the minister commit in this House today, then, that those cutbacks will not happen to those facilities?

Hon. G. Abbott: The issue the member raises is an important one. To be clear, the dollars that are going to the Vancouver Island Health Authority for the provision of operation of assisted-living and residential care will be in fiscal '07-08 at a record-high level.

Hon. G. Abbott: Within that record-high envelope of funds, the Vancouver Island Health Authority is looking at some facilities that they believe are above average in terms of the funds that go towards them. There have been….

Hon. G. Abbott: Over 80 percent of the affiliated facilities providing care to some 2,800 residents will see increased funding. In only a few cases — and VIHA has been working extensively with those few cases — may they see a reduction.

A. Dix: …did something very serious in this House. He talked a few minutes ago about fabricating. The facts are the facts. He is cutting Kiwanis care pavilion by $340,000.

Will he acknowledge that today, and will he roll it back so that those seniors are not punished for other mistakes his government has made?

Hon. G. Abbott: …is like getting a lecture on etiquette from Attila the Hun.

The issue with respect to the funding of long-term care within this province, whether it's residential care or assisted living, is an important one. That's why we are investing hundreds of millions of dollars more every year on residential care and assisted living.

With respect to specific facilities, those are discussions that go on long term between the applicable health authority and the facility. In some cases, depending on what the acuity level of the patient base or the client base is, the health authorities may wish to change the numbers on those fees. But in every case there are more dollars going to every health authority for these purposes than ever before in the history of British Columbia.

A. Dix: The question is very simple, I think. The minister has had time to get briefed as it goes. He

knows. He talks about discussions between the health authority and Kiwanis care pavilion, discussions between the health authority and Mount St. Mary — discussions.

They got a letter saying their funding was cut by $340,000. What I'm saying to the minister today is that they shouldn't have to pay the price for the incompetence of the government in seniors care. They shouldn't have to pay the price. Why doesn't the minister today stand up in this House and roll back those cuts?

Hon. G. Abbott: I have full confidence in the Vancouver Island Health Authority and the work that they do. I know that in fact, in the cases that are cited by the member, there have been long discussions between the health authority and the facilities that he names.

You know, the official opposition always says that we've got to do more of this and more of that. Well, I got to tell you, Mr. Speaker, that when one compares what we have done since 2001, adding now 3,500 new assisted-living and residential care spaces….

When you consider, in addition to those 3,500, the 5,000 units of substandard stock that we inherited from this government, which was remediated since 2001…. When you look at hundreds of millions of dollars additional for the operation of those facilities…. Mr. Speaker, we have worked along with the health authorities and our partners towards more exceptional circumstances for seniors in this province.

J. Kwan: After what this government and this minister have done to the people in Beacon Hill Villa, I have to say that we have no confidence whatsoever in the performance of this minister.

The minister all but admitted to the question from the member for Victoria-Hillside that they are cutting funding to Alzheimer's patients. Why has this government targeted the most vulnerable British Columbians to cut funding to their facilities? Is it because they don't have voice in this House, because they don't have the ability to go after the government? Is that why they have targeted Alzheimer's patients?

Hon. G. Abbott: It is a complete load of nonsense to suggest that we are cutting services to Alzheimer's patients. That is absolutely not true. In fact, I'd like to advise the member that just a couple of weeks ago we announced a new program which will see Alzheimer's drugs for all the appropriate Alzheimer's patients in the province.

We have also invested $15 million, through partnerships with UBC, the Alzheimer's Society and others, to try to find some of the solutions long term to the scientific challenge that is Alzheimer's disease. All of those things are a very important part of ensuring that Alzheimer's patients in this province get the very best care possible.

Again, the members opposite talk in terms of cuts, but there have been no cuts. Every year we add more and more resources to this area of government.

J. Kwan: Will the minister commit today that there will be no cuts to Kiwanis care pavilion and that there will be no cuts to Mount St. Mary?

Hon. G. Abbott: As I advised a couple of questions ago, overall there is a great increase in the budget for these facilities. In a few cases, where there have been long discussions, there may be a different outcome, but again, there have been long discussions in respect of these matters.

This stands in stark contrast to the situation which is documented by the CCPA, the Canadian Centre for Policy Alternatives, which normally one thinks of as quite sycophantic to the party opposite. In this case, they point out an 18-percent reduction in residential care back in the 1990s.

G. Gentner: A few minutes ago, the Minister of Health just mentioned to the House how this government follows complaints with diligence. I want to talk about that.

On June 11, 2004, a 91-year-old woman was found at Beacon Hill Villa slumped in her wheelchair with a seatbelt around her neck. She died four hours later. Her death was reported to the coroner, but the coroner never received key information, including how she was found in her wheelchair.

On November 12, 2004, officials completed an internal investigation into the conditions of Beacon Hill Villa. That report included details about the wheelchair incident, but no one passed it on to the coroner, even though the investigation concluded that regulations had been violated. Beacon Hill Villa knew. Retirement Concepts knew. VIHA knew. The ministry knew. But no one alerted the coroner.

To the Minister of Health: why was this information buried for three years, and how many other questionable deaths in care homes have gone unreported to the coroner?

Hon. G. Abbott: In response to a previous question by the Leader of the Opposition, I counselled her at that time that she ought to approach this issue with the

greatest caution and ought to be in possession of all of the facts before she formed her conclusions.

I can only say the same thing to this member opposite — that he would be well advised to wait until the coroner has completed his or her work and to be in possession of all of the facts before he forms his conclusions and attempts to score political points from this issue.

G. Gentner: Well, how much more caution do we need to undermine to find out more deaths that are occurring under your ministry? It was only after the opposition uncovered these reports that the coroner agreed to reopen the case. Critical information was kept hidden.

Two years ago we were having this conversation about children's deaths. Now it's seniors. Three years have passed since this woman died, three years have passed since government received the information, and three years have passed before anyone decided to do anything about it.

Again to the minister: why was this information buried, and what is he going to do to ensure that the coroner gets the information to conduct meaningful investigation on all care homes?

Hon. G. Abbott: The member opposite is making some very serious allegations.

Hon. G. Abbott: I don't understand this heckling when we are speaking of a serious subject, of this care.

Hon. G. Abbott: Frankly, I hope the member, if he is going to make those kinds of allegations, will remember that when this review by the coroner is completed…. If what he has said about the physician in charge at the scene, about the licensing officials….

I have counselled these members opposite to be cautious in their comments, to be cautious in not forming their conclusions until they have all of the facts. That remains my counsel to these members.

L. Krog: Ken Dobell, Jamie Elmhirst and now Graham Bruce: yet another Liberal insider breaking the law, lobbying this government without registering. Since losing his seat, Mr. Bruce has been working as a lobbyist. When he was asked about it, he said it never crossed his mind to register as one. Rather shocking.

My question to the Attorney General is simply this: can you please tell this House how you expect British Columbians to have any faith in the Lobbyists Registration Act if someone who sat at the cabinet table doesn't take the act seriously?

Hon. W. Oppal: That member is a member of the bar. I assume that if he has any knowledge of someone breaking the law, he would take that to the appropriate authorities.

L. Krog: I'm delighted by the brevity of the Attorney General in his response. Perhaps the Minister of Health could take lessons.

The Members' Conflict of Interest Act forbids former cabinet ministers from lobbying the government within two years of leaving office. H.A.D. Oliver, a former Supreme Court judge, a distinguished British Columbian and a man noted for temperate comments, said in respect of Mr. Bruce's affairs: "For obvious reasons, we don't want ex-ministers to be in a position to exercise improper and undue influence. That's straight corruption there, and that's what we try to avoid."

The simple question to the Attorney General is this: why do Liberal insiders keep getting away with breaking the Lobbyists Registration Act and the Members' Conflict of Interest Act?

Hon. W. Oppal: You know, I'm amazed at the reckless statements made by this person without…. He read it in the media; it must be true.

Hon. W. Oppal: I wonder if that's the way he practised law. You know, if there's…

Hon. W. Oppal: …any evidence of anybody contravening a statute, if there's any evidence that someone has broken the law, the remedy is clear. The commissioner has the authority to deal with that. The commissioner will deal with it in due course. That's the law. We have a process. That's what happens when someone contravenes a law.

Hon. M. de Jong: I thought there might be unanimous applause, but that's often a difficult concept, Mr. Speaker.

In honour of the presence today of the Tsawwassen First Nation, the tabling of the legislation and the remarks by Chief Kim Baird, I've had discussions…. The House is going to adjourn earlier, and I invite all members to join with us in the rotunda for the reception that will follow.

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