Fourth Session, 41st Parliament (2019)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, February 19, 2019
Morning Sitting
Issue No. 200
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Letters to Transportation Minister requesting a bus service | |
Orders of the Day | |
TUESDAY, FEBRUARY 19, 2019
The House met at 10:05 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Introductions by Members
J. Yap: Joining us today in the gallery and spending time to observe the proceedings of budget day is a contingent of members of the board of directors and senior officers of the Richmond Chamber of Commerce, probably the leading advocate for business and free enterprise in the city of Richmond and well known to many members on both sides of the House.
With us today are chair Barbara Tinson, along with vice-chair Fan Chun, as well as Cameron Fleming, Brian Corcoran, Carolyn Robertson, Grant Bryan, Clint Undseth, Dale Jackman and Chuck Keeling. President and CEO Matt Pitcairn is here, as well as Shaena Furlong and Dan Sakaki. Would the House please give a warm welcome to members of the Richmond Chamber of Commerce.
Hon. H. Bains: It is my pleasure to advise the House that some of the people closest to me are in the gallery today: my son, Kal Bains; and my nephews, Gobinder Hothi, Jyoti Bangu and Manraj Bains.
Manraj Bains, by the way, wants to be here very quickly. I told him that I’m not so sure if the opposition is ready to have two Bainses on the government side at this time, at the same time, so I told him to wait.
These are the people that work tirelessly on my campaigns with fundraising and are key members of my team. Please help me give them a warm welcome.
D. Clovechok: It gives me a great deal of pleasure today to introduce some folks from Invermere here in the gallery. Bruce and Marlene McLaughlin are here. They’re up there.
Welcome.
They’re great community members and super volunteers, especially with Rotary. If the House would make them feel welcome, that would be appreciated.
S. Sullivan: I’m very pleased to introduce a guest from Vancouver: Marie Rogers, a very engaged citizen and business person. I’m very honoured to have her. Please welcome her to the chamber.
Hon. G. Heyman: We all know, in this House — every member — the important work that our assistants in our constituency offices perform for the people we represent, as well as helping us do our jobs.
I am pleased to have us be joined today in the gallery by my two constituency assistants, Nadja Komnenic and Lisa Dekleer. They are incredibly hard-working. They understand issues. They do great research. They are very empathetic with the issues and problems faced by my constituents. I ask the House to make them very, very welcome.
Also joining us in the legislative precinct today will be one of my constituents, Megumi “Amy” Anderson, who is a tireless volunteer on any number of issues. She’s enthusiastic. I’ve had the pleasure of standing with her, talking to people about issues ranging from housing to proportional representation, both during election campaigns and outside election campaigns. She is a great addition to the community of Vancouver-Fairview. I’m sure members who have a chance to meet her later today will be impressed by her energy.
A. Weaver: It gives me great pleasure to rise and hurry to welcome two interns who have joined our caucus team for this session. We have Iliana Turner and Benjamin Foster. Iliana is from the University of Victoria; Benjamin, from the University of B.C.
We’re looking forward to working with them and learning a lot from them as they share the days with us. This will be their first question period up there shortly with their colleagues. Would the House please make Iliana and Ben feel very welcome.
B. Stewart: It gives me great honour and pleasure to welcome a good friend of mine for almost 60 years here to the precinct. It’s interesting. He was telling me a story yesterday that he was last here when Cliff Serwa was the MLA from Okanagan West and was a guest.
Anyways, his wife, DeeDee Crickmay, who I went to school with, and his four kids have helped build West Kelowna, formerly Westbank, through Kinsmen, where Peter was awarded a life membership and has been a tireless community worker, working on the district 5 executive, back in the days when Rich Coleman was back as governor of Kinsmen.
He also built a business in West Kelowna, and he was showing me a picture yesterday of when gas at his gas station was only 28 cents a litre, and how he built that business into a phenomenal success, where the company that he worked with recognized his efforts. He’s built a solid business in real estate, but more importantly, he’s a talented fisherman, cook and respected musician who headlined with Terry Jacks at Quails’ Gate and has entertained many people in Prideaux Haven.
I’d like the precinct to welcome Peter Wannop.
Hon. M. Farnworth: Joining us today are our government caucus interns. There are five bright, intelligent young people who are going to assist us in our work here in the Legislature.
I’d like the House to make most welcome, from the University of Victoria, Kenya Rogers; also from the University of Victoria, Jessica Neilson; from Simon Fraser University, Gagan Lidhran; from the University of British Columbia, Ella Champion; and from Simon Fraser University, Kim Chhina. Would the House please make these young people most welcome.
Statements
ANNIVERSARY OF MLA FOR
ABBOTSFORD
WEST
A. Wilkinson: Most of us in here, whether we like it or not, remember the lyrics from “Sergeant Pepper’s Lonely Hearts Club Band.” The key song goes:
It was 20 years ago today,
Sergeant Pepper asked the band to play.
They’ve been going in and out of style,
But they’re guaranteed to raise a smile.
Well, 25 years ago today, no less than the bandmaster of Abbotsford West was elected for the first time. I think we can all say that he’s been going in and out of style, but he’s guaranteed to raise a smile.
May we please recognize the long service of the member for Abbotsford West, Mr. Mike de Jong.
Hon. M. Farnworth: To add some words to the Leader of the Opposition, I remember the day, 25 years ago, when the member from Abbotsford joined this House. During that time, I got to know him, to work with him as House Leader, both as Opposition House Leader and from this side of the benches. Twenty-five years is a long time. Not many members of this House have that privilege, and I think it’s a testament to the work that he’s done in his riding.
I’d like to also note that, like many things, life comes full circle. He started his career on the opposition benches, and it’s nice to see him still on the opposition benches.
Introductions by Members
A. Olsen: I rise today to introduce two people to the legislative chamber. Ryan Clayton is my constituency assistant in Saanich North and the Islands and does an amazing job helping me and working with me in order to serve the great constituents of Saanich North and the Islands. With him today is Jessica Parker, who’s a practicum student in the school of social work at the University of Victoria. She’s been working in our office for the past month or so. Could the members of this House please make them both feel very welcome.
J. Rustad: It’s a pleasure today to have a constituent of mine down visiting the Legislature. I think he’s down, actually, for a number of meetings over the course of the week. That is Brian Frenkel, a long-serving councillor for the community of Vanderhoof. He’s down with UBCM for those meetings. Would the House please make him welcome.
Statements
(Standing Order 25B)
CHAMBERS OF COMMERCE
C. Oakes: This week is Chamber of Commerce Week in British Columbia. I’m proud to rise in the House today to recognize the extraordinary commitments that chambers of commerce provide to communities across the province. From Abbotsford to Atlin, chambers and boards of trade from across British Columbia will be sharing stories of the great things their members are doing and how their organizations have shown grit for their members this past year.
It is with a deep sense of pride that I remind everyone here in the Legislature that British Columbia is home to one of Canada’s biggest and broadest chamber networks, a tight-knit business community of over 36,000 owner-operators supported by a network of 125 regional chambers and boards of trade. If you can name a small town in this great province, you can be assured that same town or city also has a chamber or board of trade made up of small business owners volunteering.
We should also remember that though chambers are certainly business associations, always advocating for reduced red tape and an environment that supports risk-taking and investment, your chamber equally represents a healthy slice of the not-for-profit charity community too. Recent data shows, on average, non-profit organizations make up 20 to 30 percent of local chamber memberships.
Chambers and boards of trade aren’t just business organizations. They are community organizations too. Just look at the Greater Westside Board of Trade in the Okanagan, which each year grows fresh produce on their site to support the local food bank.
From policy advocacy on issues affecting the province to projects affecting local communities, chambers do it all, and we thank you.
GORDON STEWART AND SHEILA PATERSON
B. Ma: Though 2019 is still young, North Vancouver’s New Democrats have already said goodbye to two lifelong party stalwarts, both purveyors of love and social justice until the very end.
Gordon Wilkie Stewart passed away on January 15, 2019, at the age of 90, leaving behind his love of 63 years, Donna Stewart, and their offspring. As a pastor and the director of a Christian summer camp for many years, Gord was a mentor, a role model, a spiritual leader to many, many people, who he led with love and kindness. His sense of humour and good nature shone through his very being every moment of his life.
Gord and Donna fought all their lives for the less fortunate. From housing to climate change and electoral reform, they always believed that better was possible. Gord left very well-loved, but most of all, loved by his God and his soulmate, Donna.
Sheila Joan Paterson passed away on February 2, 2019, at the age of 92. A fiercely passionate social justice activist until the very end, I will remember her most of all for her sharp wit and fondness for my cats. I first met Sheila in the 2015 federal election campaign in North Vancouver, where she could always be heard loudly and firmly laying down what was what with voters over the phone.
Those who did not know her for her limitless devotion to the New Democratic Party, the Council of Canadians, the Metro Vancouver Alliance and several other social and eco-justice organizations will know her as a musician, as a wife, as a mother, as a Christian and as a talented local actor known for her roles in The Crush, Prozac Nation, Diary of a Wimpy Kid and The X Files.
These are the people who make up the lifeblood of the New Democrats. I am honoured to have known them. May they continue to watch over us as we continue on with our work.
ACCESSIBILITY AND ASSISTIVE DEVICES
FOR PERSONS WITH
HEARING IMPAIRMENT
L. Reid: Obstacles are often in the path of those who rely on chairs for mobility. The door openers and ramps can help. But what about those who are hearing impaired? What constitutes a deaf-accessible building? How cognizant are we of the challenges facing our neighbours who are hearing impaired?
There are resources which speak to deaf space and deaf-friendly buildings. The following excerpts are from the research underway at Gallaudet University.
“Deaf individuals experience many different kinds and degrees of hearing levels. Many use assistive devices such as hearing aids or cochlear implants to enhance sound. No matter the level of hearing, many deaf people do sense sound in a way that can be a major distraction, especially for individuals with assistive hearing devices. Reverberation caused by sound waves reflected by hard building surfaces can be especially distracting, even painful, for individuals using assistive devices.
“Spaces should be designed to reduce reverberation and other sources of background noise. Our built environment, largely constructed by and for hearing individuals, presents a variety of surprising challenges to which deaf people have responded with a particular way of altering their surroundings to fit their unique ways of being. This approach is often referred to as DeafSpace.”
We have much to learn about the thoughtful application of deaf space design concepts and sustainable design principles. My thanks to Gallaudet University for their work in this regard.
CRANBERRY COMMONS
CO-HOUSING
COMMUNITY
J. Routledge: How do we create enough affordable housing for all of us to live together in harmony in what is arguably one of the most desirable places in the world to call home?
That’s a question we are all grappling with, and there’s no one answer. But I’d like to tell you about one of the answers that is thriving right now in my community and has been for about 20 years.
Cranberry Commons is an example of co-housing. Co-housing is defined as an intentional community of privately owned homes, clustered around shared space. From the street, Cranberry Commons looks like any other multiplex, but once you go through the front door, you’re entering an urban village.
Twenty-two privately owned homes are built around a shared courtyard. Some units have one bedroom; others have two or three bedrooms. Some multigenerational families live separately but together in Cranberry Commons. There’s a common room, where neighbours can gather for potlucks, book clubs or movie nights. Adjacent to it is a huge, well-appointed kitchen, which comes in handy if you’re canning, baking or preparing a dinner party.
There’s a children’s playroom, which is magical in its design, a hangout where teenagers can be teenagers, a vegetable garden, a workshop where you can make things or fix things and a guest room.
As one long-time Cranberry Commons resident explained to me: “We live in smaller homes, but we have built a community by sharing. In our courtyard, you can have meaningful conversations with your neighbours and know that there are people around you who care.”
Co-housing nurtures children, teens, young adults, parents, single people and seniors. It connects people in ways that are real and very meaningful. Co-housing not only builds affordable housing; it builds safe, inclusive communities.
RESPONSE TO WORKER DEATHS
IN TRAIN
DERAILMENT
D. Clovechok: I rise today to speak of a tragedy that occurred in my constituency, near Field, British Columbia.
On February 4, very early in the morning, a westbound grain train derailed between the upper and lower spiral tunnels. When the train derailed, three crew members from Calgary perished.
I know that I speak for all members in this House in offering my thoughts, my prayers and my condolences to the families, the friends and the colleagues of Andrew Dockrell, Dylan Paradis and Daniel Waldenberger-Bulmer — three dedicated and respected railroaders, one near retirement, one raising a young family and one who was only a few months into a new and exciting career.
Despite the loss and grief, the proud railroaders in my community have carried on. Their dedication to duty and their actions exemplify their professionalism. When we think of those lost, I ask that you not only think of their dedication and bravery but also the dedication and bravery of so many others.
Think of all the first responders, including the Field volunteer fire department, B. C. Ambulance Service, Parks Canada, the RCMP, CP police, and so many others.
Think of the crews who worked so hard and tirelessly to recover the three men that we lost. Think about the locomotive engineers and the conductors in Golden or Revelstoke — or anywhere, for that matter — who boarded their trains without hesitation to work their shifts, even after hearing of the tragic loss of their friends. That is what courage is made of.
Think of the investigators for the Transportation Board of Canada and Transport Canada, along with other agencies whose job it is to reconstruct the accident and identify the factors leading to it. Think of the crews who reconstructed the lines and had them back in service days later, and think of the crews who continue to clean up today. Think of the CP leadership on all levels and the caring and support they are giving to their CP family, acknowledging that the grief is nationwide.
Railroads have been the arteries of our economy for 150 years. Our railroaders, all the women and men, are not only driving trains; they are driving our economy. In doing so, they have formed a strong brotherhood, a strong sisterhood, and they are the heart of my community.
My riding of Columbia River–Revelstoke is home to hundreds of railroaders, from Kimberley to Golden to Field to Revelstoke, and they continue to grieve the loss of three of their own.
I ask the members of this House: when you have the privilege of meeting a railroader, shake their hands and thank them for their service and let them know that we stand shoulder to shoulder with them in this very difficult time. We need to say thank you more often to our railroaders.
Thank you for what you do for this country. Thank you for what you do for this province. And thank you for what you do for all of our communities. May Creator continue to bless you all.
LITERARY COMMUNITY
IN ESQUIMALT-METCHOSIN
AREA
M. Dean: I live in a very literary community. Esquimalt-Metchosin is bursting with wonderful and highly decorated authors.
Esi Edugyan, for example, is only the third writer ever to win the Giller Prize twice, for her novels Half-Blood Blues and Washington Black, among her collection of acclaimed books, including The Second Life of Samuel Tyne, written at age 24.
Living with Edugyan in Colwood is local poet and novelist Steven Price. Steven has earned numerous honours for his poetry, including the Gerald Lampert Award in 2006 for Anatomy of Keys. In 2011, he completed Into That Darkness and recently released By Gaslight.
Also resident in our community is columnist Jack Knox, whose writing always makes me smile and sometimes laugh out loud. He’s been nominated twice for the Stephen Leacock Memorial Medal for Humour and has won Jack Webster journalism awards, including the 2015 award for Commentator of the Year.
Additionally, in the neighbourhood is Trudy Spiller, who is part of the Gitxsan Nation. Her children’s book, Trudy’s Rock Story, has been translated into her traditional Indigenous language, as well as into French.
Further west, we have international and multi-awarded novelist, Polly Horvath — also Tom Henry, Ken Merkley, Jackqueline Chadwick and Monique Anstee.
Living in a community of rich storytelling is an honour and an inspiration, as we learn about ourselves and others. As Edugyan’s book is described, it “asks the question: what is true freedom?” And as Knox’s latest compilation explains: “It also tells the tales of those you walk past on the sidewalk every day, people you don’t know but whose hidden stories make you wish you did.”
Oral Questions
CARIBOU PROTECTION
AND PUBLIC ENGAGEMENT
PROCESS
D. Davies: Over the past year, British Columbians have been kept completely in the dark over the mountain caribou issue. Every time a public meeting has been held, it’s been cancelled at the last minute. My colleague from Peace River South, who has done a lot of work on this file, along with myself, are wondering if the Minister of Forests, Lands, Natural Resource can tell our constituents why he refuses to meet with us.
Hon. D. Donaldson: As the member knows, caribou populations didn’t disappear overnight. The old government did little to protect them and instead allowed them to reach near-extinction levels.
We’ve taken upon ourselves to create a made-in-B.C. solution, rather than allowing the federal government to institute a section 80 order in order to protect the species at risk. In fact, just in January, at the resource forum in Prince George, I met with members of the Peace River regional district and the Concerned Citizens for Caribou Recovery along with the Minister of Environment. We committed to engage in a public process starting this month, once the partnership agreement with the Saulteau, the federal government and the West Moberly First Nations is finalized in a draft form only.
Mr. Speaker: Peace River North on a supplemental.
D. Davies: Well, we’re still waiting for these public meetings that have been promised. In fact, yesterday the minister told CBC that meetings were cancelled because of “concerns around safety.” I know the minister is very comfortable talking to his activist friends but apparently not the public. And I tell you, this has really bothered myself and the people in my riding.
Is the minister really saying…? Are you concerned that people in the north, in my riding, are dangerous?
Hon. D. Donaldson: Once again, I want to emphasize that we met with the Peace River regional district and Concerned Citizens for Caribou Recovery, January 23 in Prince George. I’ll read from a media release — the joint media release with them at that point. “The meeting concluded with a commitment from the province to initiate public and stakeholder engagement in early February on the draft partnership agreement to recover caribou in the Peace region.”
That is our commitment. Once the draft agreement is finalized with the federal government and the Saulteau and West Moberly First Nations, we will then present the draft for public input. It is a draft statement that has yet to be agreed on by all sides. Once that’s done, then we’ll engage in a public engagement process in the northeast.
Mr. Speaker: Peace River North on a second supplemental.
D. Davies: Again, those meetings that the minister did meet with were closed meetings and go against the three or four public meetings that the ministry was going to be having up in the northeast. Again, this minister, who has no problem visiting an illegal camp to support protestors that disrespect our RCMP officers and the rule of law…. The minister’s vague allegation yesterday on CBC insulted countless members, countless constituents, of my riding that just want answers to some questions.
Why would the minister meet with these activists and not with our constituents?
Hon. D. Donaldson: We’re getting two different scenarios from the member. He wants to talk about the caribou issue in his constituency, and we’ll talk about that. But first, I want to say that at the invitation of constituents and hereditary chiefs, I visited a site, the Unist’ot’en Camp, to determine safety conditions and determine if conditions will be done safely under their watch. And that’s what I did. Visiting constituents is part of an MLA’s job.
As far as the southern mountain caribou, it was listed as a threatened species, federally, in 2003. I wonder who was in government then. The federal government posted a recovery strategy in 2014. I wonder who was in government then. Their inaction, the inaction of the members on the other side when they were in government, put B.C. at risk of the federal government posing unilateral measures.
We are determined for that not to happen. We will engage with the public in the Peace River regional district and the communities there when we have the draft agreement released.
T. Shypitka: I hear the minister over there bragging about a made-in-British-Columbia solution without the assistance of British Columbians. The people in the Kootenays have been completely shut out of the process of the mountain caribou.
Interjections.
Mr. Speaker: Members. Members, Kootenay East has the floor.
T. Shypitka: Thank you, Mr. Speaker.
People who recreate, work and raise their families in rural British Columbia deserve to be part of that process. By refusing to meet them, the minister shows that he really doesn’t care about the opinions of hard-working and fun-loving British Columbians in rural B.C. Why isn’t the minister meeting with communities in the Kootenays?
Hon. D. Donaldson: We have a process that’s in place right now. We’re engaging in a trilateral process with the West Moberly and the Saulteau First Nations and the federal government to attempt to not have a section 80 order, under the Species at Risk Act, imposed by the federal government to try to correct actions that the former government didn’t take, in order to avoid that section 80 order. We also have a process underway — and public engagement has happened on this process — across B.C. and with the federal government on caribou recovery.
So I don’t understand the member’s questions when it comes to public engagement. I will go back to the media release that we jointly did with the Peace River regional district: “As part of the engagement, the province committed to sharing data and analyses on potential impacts of the…agreement and made a commitment to work with the Peace River regional district on evaluating impacts of the agreement on Peace communities. The…agreement will not be finalized until engagement is complete and potential impacts on communities and workers are understood.”
This is the same type of engagement that we’ll do with communities across B.C. when it comes to the recovery of caribou.
Mr. Speaker: Kootenay East on a supplemental.
T. Shypitka: Well, section 80 says nothing about not consulting with British Columbians. I’d like to make that fairly clear. The government has failed to do even the bare minimum of consultation with local communities. The secrecy of who is at the table is almost as bad as who isn’t at the table. It’s creating suspicion and fear, especially in my riding. The back country is rural British Columbia’s backyards. People in the Kootenays are tired of this minister and the NDP government making decisions for them down here in Victoria.
The question is to the minister. Why is the minister keeping rural British Columbians in the dark on decisions that will directly affect their lifestyle?
Hon. D. Donaldson: I’ll repeat myself again to the member and for the previous member as well. We are taking actions to ensure that we don’t get a unilateral action by the federal government that could be to the detriment of communities in B.C. We’re doing a made-in-B.C. solution. If we don’t, we risk the federal government unilaterally making changes that could harm B.C.’s economy.
Once we have a draft that’s ready for public release, we’ll be taking that to communities not only in the Kootenays and the Cariboo but, as well, in the Peace River regional district.
MONEY LAUNDERING IN CASINOS
S. Furstenau: Last week my colleague asked the Attorney General for answers on what his government is doing to clean up the culture of corruption in B.C. casinos. While the German report recommendations are important, they do not go nearly far enough.
Last week we learned some disturbing new details related to this story. We learned the RCMP, in fact, were quite concerned that B.C. government officials may have leaked information that compromised RCMP raids in 2015 on underground casinos. Those raids targeted specific underground illegal gambling operations that were found hastily abandoned. This raises serious questions. But when the media asked questions on whether there’d been any investigations into the integrity of information-sharing between the RCMP and the B.C. government, the response was met with silence.
My question is to the Attorney General. Given this troubling situation, have there been any investigations into the integrity of information-sharing between the RCMP and the B.C. government?
Hon. D. Eby: I know the member is well aware that almost immediately on taking on this role we asked Peter German to go in and do a review of what has been happening — and how we can stop the money laundering taking place in B.C. casinos — on an urgent basis, and he certainly did that.
There are some big structural changes that are underway. First of all, we’re removing oversight in relation to money laundering, as best as we can, from the B.C. Lottery Corp. I say “as best as we can” because they are a designated entity by FINTRAC. We’re working with FINTRAC to figure out how we can get that all in the regulators’ hands.
In terms of information coming out of the B.C. Lottery Corp., I’ve actually written a couple of times to B.C. Lottery Corp. to express concern about information leaving BCLC. I believe that they’ve taken the steps necessary to address that issue. In terms of the larger issue, potentially, of information leaving the previous government that was raised by the news release, certainly I read the same report with concern. Certainly, we’ve taken it under advisement in terms of larger deliberations about next steps.
Mr. Speaker: House Leader, Third Party, on a supplemental.
S. Furstenau: I appreciate the response from the Attorney General. I think I want to go a little bit deeper.
The story about alleged criminal information sharing as a way to thwart the actions of the RCMP may go beyond just minor officials. According to notes taken by the B.C. Lottery Corp.’s former head of anti-money-laundering, high levels of B.C.’s government had also been briefed. It appears that a lot of people, right to the highest levels, had inside knowledge of this specific operation in 2015, which unfortunately casts doubt on the whole branch of government.
We know that at this time, it wasn’t only the RCMP that was losing trust in the officials of the B.C. Lottery Corp. B.C. gaming policy and enforcement branch investigators were also losing trust. The RCMP had noticed that the B.C. Lottery Corp. leadership had been unwilling to address what was a clear acceptance of large amounts of cash very likely linked to crime.
My question, again, is to the Attorney General. Clearly, more is needed to get to the root of these troubling revelations. If police don’t have confidence in branches of the provincial government, how can British Columbians? What actions are the government going to be proposing that will get to the root of this issue?
Hon. D. Eby: You know, you don’t really have to go to last week’s reports. You can even go to reports in the Vancouver Sun from 2017 about activities that took place as early as 2009. In 2009, there was a report that said that known gangsters were gambling in B.C. casinos. There is an issue with “a significant increase in the use of illegal gaming houses in the province and the legitimization of proceeds of crime through B.C.’s gaming facilities.” That was a second report, a memo in 2016.
People knew what was happening in B.C. casinos. I have no question about that. I also have no question that inadequate steps were taken. I think that is a matter of public record. I think it’s very clear.
When our government took over, we said, “Tell the casinos to stop accepting the money,” even though we knew it would cost 30 million bucks. In addition, we’re in the process of examining one of Dr. German’s key recommendations, which is to set up an independent policing unit to deal with crime in casinos. This is in contrast to the previous government, which, of course, defunded the integrated casino gaming policing team.
So you can see there’s a significant difference in government approaches to get to the bottom of this and provide resources. I am, every day, as best as possible, asking the federal government to be involved too, because we don’t believe that this is limited to casinos. Nor do we believe that this is strictly a provincial issue.
FOREST INDUSTRY AND WILDFIRE
RESPONSE IN NECHAKO LAKES
AREA
J. Rustad: It’s been two years, and the Minister of Forests has done nothing to help the forest-dependent communities in Nechako Lakes. Lumber price is around $400 U.S., but mills are taking downtime while the government drives up costs, and no plan to help workers in these impacted communities. In addition, the minister continues to refuse to set the allocation in the Prince George supply area.
When will the minister resolve the uncertainty and uncompetitiveness that is hurting the communities in Nechako Lakes?
Hon. D. Donaldson: I’m very happy to answer a question on forestry. It’s been a long time coming in this Legislature.
The forest sector is a foundational industry for communities in rural areas and, in fact, supports jobs in urban areas as well. Because of world prices and trade disputes, there is some uncertainty, especially in the Interior, and our thoughts go out to people who are facing layoffs due to those forces that are at work. Unfortunately, in the past government, they oversaw the loss of 30,000 forestry jobs, and 100 mills in rural communities were shut down that depended on those jobs.
We’re taking this seriously. We’ve been working on the coast forest sector revitalization plan. We’re now going to move into the Interior to work on that, to ensure that more logs are processed domestically. We’re working on the forest annual allowable cut, the question the member had. That’s a determination by the chief forester, and the allocation is a decision that I will be making in the near future on that.
Mr. Speaker: On a supplemental.
J. Rustad: The minister likes his lines, but the facts, according to Stats Canada, are that B.C.’s forest industry gained about 10,000 jobs under the last government. The minister uses….
Interjections.
J. Rustad: Check Stats Canada, for the members that like to chuckle.
The minister uses distractions because he’s also failing these same communities through his lack of response to last year’s unprecedented fire season. People stayed behind in an evacuation zone to protect their homes and the properties because they did not trust this government to do the job. Contractors weren’t allowed to go in early, local people weren’t resourced, mass water delivery systems were shut out, and there was no funding for recovery.
When will the minister take steps to modernize B.C.’s approach to firefighting and change how people are supported?
Hon. D. Donaldson: First of all, again, it’s one of my first opportunities in a long while to thank members of the B.C. Wildfire Service, the contractors and community members who ensured that not one life was lost during the wildfire season of 2018, the largest in B.C. history. When you look south of the border and at the lives that were lost in the fires just in California, for instance, that is a real testimony to the hard work and dedication of the people I just mentioned.
It is a bit disconcerting for me to hear from the member, who should be following this more closely, about his lack of knowledge about our support for rural B.C. We announced in September a $50 million fund, the community resilience initiative fund for communities to fireproof their communities within municipal boundaries. It’s 100 percent funded, unlike what happened under the previous program, under this government.
Finally…. The list is endless, but I’ll just highlight this one as well. On Saturday, a $100 million capital investment fund was announced by the Premier and the Minister of Municipal Affairs and Housing for communities in the northwest — right across to Vanderhoof, in the member’s own riding — to help support them on capital infrastructure deficits that were left by this previous government.
WEST FRASER ROAD STATUS
IN QUESNEL
AREA
C. Oakes: Nearly a year has passed since a washout destroyed several stretches of West Fraser Road, a vital road that connects the communities of Buckridge and ?Esdilagh First Nations to the city of Quesnel, in my riding. The more than 200 residents from these communities are now forced to travel on a dangerous, windy forest service road. Constituents like Chief Roy Stump and small business owners like Teresa and Dale Smith, to name a few, are fed up.
To the Minister of Transportation, when will West Fraser Road be reopened?
Hon. C. Trevena: The member opposite has written to me about this, and I’ve heard from many of her constituents. It is a very serious concern. The damage to West Fraser Road in last spring’s floods was significant. It remains closed for people’s safety. I do understand the impact that the closure is having on people, and we are continuing to work on getting a solution in the earliest time we can. But there is significant geotechnical and hydrological assessments that are ongoing.
We are investigating options to re-establish service on that road. Really, I think the member opposite knows the nature of the road, knows the nature of the problem and knows that the Ministry of Transportation staff in the field are working as hard as possible to ensure that that road opens as soon as it can.
Mr. Speaker: Cariboo North on a supplemental.
C. Oakes: The Quesnel school board is also feeling in the dark and left in questions about West Fraser Road. Delay after delay after delay. They’re concerned about students’ safety, and they’re concerned about students’ well-being. Children as young as five who travel to Quesnel by school bus are now forced to travel on this dangerous forest service road that requires two hours of travel each way. There are also financial concerns for the school district, with the extra travel time, the need for a different bus and, of course, increased maintenance costs.
Again, to the minister, when will West Fraser Road be reopened, and when will there be financial contributions to support the school district with these increased costs?
Hon. C. Trevena: I know that ministry staff in the region have been meeting regularly with local authorities, with local governments, with the school board to work with them on the problems that are being faced. I think the member is also aware that, as I mentioned in my previous answer, it is a very complicated site from a geotechnical perspective. There are approximately 11,000 Olympic-sized swimming pools full of debris in that area that need to be cleared. The area has got to be stabilized. It is a significant damage to a piece of infrastructure.
We are making the detour safe. We know that this is something that school buses are using, communities are using, Indigenous peoples are using. We know that this is an area that we’ve got to make as safe as possible. We are working as hard as we can, as fast as we can. I hope that the member opposite will work with us to talk with her community about the magnitude of the problem, because it is a huge problem.
BUS SERVICE IN RURAL B.C.
D. Barnett: Residents in the Cariboo-Chilcotin have been stranded without bus transportation systems since last fall. For reasons no one can understand, a company was given a licence even though they have no vehicles to provide the service. Imagine a bus company with no bus.
To the Minister of Transportation: can you tell me when residents will actually get service?
Hon. C. Trevena: I know that many British Columbians around the province rely on ground transportation. That’s why we worked assiduously when Greyhound initially announced it was pulling out from northern B.C. and put in B.C. Bus North in northern B.C., a B.C. Transit operation. When it then announced that it was going to be pulling out from the rest of the province, we followed the usual procedure but expedited it.
I think the member opposite is well aware that we have an independent tribunal that allocates bus routes, the Passenger Transportation Board. The Passenger Transportation Board took applications from providers, people who wanted to operate the bus services. They went through them and made sure that people were able to provide the service, as by the application. The Passenger Transportation Board is continuing to work with the provider that the member mentioned, has given a number of times to allow that operator to get ready to provide the service and continues to work with the operator to ensure that everybody across B.C. has access to safe and affordable ground transportation.
Mr. Speaker: Cariboo-Chilcotin on a supplemental.
D. Barnett: The sham of a licence is blocking anyone else from actually providing service, and the ministry keeps giving the company extensions. The Transportation Minister made a lot of claims last fall about communities keeping bus service. Her promises are proving to be absolutely false, and it is people in rural British Columbia who are paying the price.
Once again, a question to the Minister of Transportation: when will people get the service they were promised?
Hon. C. Trevena: I’d like to remind the member opposite…. She talked about the ministry. The Passenger Transportation Board is independent of the ministry. They’re the ones who ensure that we have the buses on the roads. They’re independent of the ministry.
As minister, my responsibility is to make sure that people do have access to safe, affordable transportation. That’s why we instituted a B.C. Transit service in the north. That’s why we’ve been supporting the Highway 16 project to ensure that people travelling on that dangerous section of highway can continue to have safe and affordable transportation. That’s why we expedited the applications.
Anybody can continue to apply for any of those routes at any stage through the Passenger Transportation Board if they feel that there’s a service, and in those areas where there wasn’t anybody who came forward, we have had requests for expressions of interest. We’ve had a number of providers come forward for that.
We are working with them and with the Passenger Transportation Board to make sure that everyone across B.C. has access to safe, affordable ground transportation, which I think that the members opposite know that, when they were in government, they ignored.
D. Clovechok: Under this Transportation Minister’s watch, communities across this province are suffering from the loss of transportation services. Fact. This has had a devastating impact on the quality of life of students, of families and, most importantly, where I live, of seniors, because they desperately need these services.
To the Minister of Transportation: when will these communities that you have abandoned finally get the service they deserve?
Hon. C. Trevena: To clarify with the member opposite, Greyhound, which is a private commercial operator, decided to pull out from the whole of western Canada. They said that was it.
We have been working with the federal government on ensuring that we can fill the gaps and that we can look at a national solution. We have been working within British Columbia to fill the gaps, to make sure we have service in as many places as possible, and we continue to work to ensure there is service wherever it is possible.
Unlike the previous government, we know that there is a real need for people to have affordable transportation, to have safe transportation across this province, and we continue to work with both communities, with commercial providers, and through the independent Passenger Transportation Board to ensure that there is that service available.
Mr. Speaker: Columbia River–Revelstoke on a supplemental.
D. Clovechok: Knowing and doing are two different things. British Columbians have been left stranded by this minister. There is no ride-sharing anywhere in this province. In Delta, they’re stuck in a tunnel. In rural B.C., there is absolutely no bus service.
Again, the question to the minister: why is this minister leaving so many rural communities, especially my seniors, stranded without any transportation?
Hon. C. Trevena: I’ve got to say that under our watch, there has been a record amount of investment in public transportation….
Interjections.
Hon. C. Trevena: We are funding transportation for First Nations. We are funding public transportation. We are funding transportation within communities and between communities.
The opposition, when they were in government for 16 years — 16 years…. Let’s remember this. They failed to work….
Interjections.
Hon. C. Trevena: Sixteen years — it just riles them. They were in government for 16 years. We are dealing with their legacy, whether it is ICBC, B.C. Hydro or transportation. We continue to deal with the failings of 16 years of B.C. Liberal government.
In Transportation, I continue to work with communities, unlike the opposition when they were in government. We continue to work to ensure that partners are brought to the table. And while they play politics, we make sure things get done and things get fixed, after 16 years of Liberal government.
[End of question period.]
Tabling Documents
D. Barnett: I have a lot of letters here from seniors to the Minister of Transportation, requesting a bus service.
Petitions
M. Bernier: I rise to present a petition as well, from over 350 residents of my riding for Ministers Heyman and Donaldson, urging for science-based management and proper predator management to help deal with the caribou recovery program.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call Committee of the Whole on Bill 2.
Committee of the Whole House
BILL 2 — PROTECTION OF PUBLIC
PARTICIPATION
ACT
The House in Committee of the Whole on Bill 2; R. Chouhan in the chair.
The committee met at 11:04 a.m.
On section 1.
Hon. D. Eby: Joining me here for committee stage debate on the Protection of Public Participation Act is Russell Getz, legal counsel in the justice services branch in the Ministry of Attorney General.
M. Lee: We canvassed at length, on second reading, the background to Bill 2 — and Bill 32, when it was first introduced in the last session.
I would just like to come back to some of the comments that were made to frame bringing forward this bill by the Attorney General on second reading. Perhaps we could just talk about a few areas that I’d like to probe at this committee stage before getting into the specific sections.
There was some reference to the fact that in terms of the reported cases, what happened between the period of 1973 to 1983 contrasted with 2003 to 2013, going from 238, the number of cases, to 762 that might require the need for a bill of this nature.
I’d like to ask first if the Attorney General would please comment as to what the nature is of the baseline that the province of B.C. is looking at in respect of establishing this bill at this time — the number of cases that have been brought forward. What does the Attorney General expect will occur in terms of cases to come after this bill comes to pass, if it does?
Hon. D. Eby: The ministry doesn’t collect metrics on this kind of thing. It’s a challenging piece to collect numbers on, as the member may know, although there is a broader movement within the Ministry of Attorney General to work with the courts to begin to collect better information about different types of files, the speed with which they move through the court system, and to work with the courts on improving the efficiencies of our justice system.
There was a lot of question in 2001 when a version of this bill was introduced. I went into some detail about the differences. In particular, the commentary was about: do we need this bill, is it necessary, can you prove that it’s necessary, and so on.
I think that, given a couple of significant Supreme Court of Canada decisions that I canvassed — Torstar, Mair — the court was pretty clear that they felt that there was a need to address the tort of defamation in terms of ensuring protection for free speech. But the court is limited in terms of the onus or the balance in the sense of the procedural rules, so this bill attempts to…. It takes into account the court’s concerns.
The court heard a lot of evidence about the need for reform, about the free expression–impairing elements of the old tort. We had a letter from 11, I think it was, senior eminent officials — former and current members of the justice system — asking for this. We’ve seen advocacy from journalists, from people who speak out in community on different issues. So in terms of the question of the need, clearly there is a need.
In terms of measuring whether or not there’s an increase or decrease in the number of actions filed, that kind of thing, that was sort of the point of the article that I was referencing. It was that there weren’t good metrics about this kind of thing. This associate professor from UNB law was attempting to put some parameters around it in terms of the Canadian context. I wish I had some numbers to share with the member. I simply don’t. That would have been a shorter answer.
M. Lee: Thank you for that response.
If we could talk a little more about the nature of the kinds of claims that the Attorney General is seeing, that are being brought forward. Can he describe for this House the kinds of claims that he’s concerned about, apart from the ones that are through defamation through the media sector, obviously, with other community groups? If he can just give a general description as to cases in recent times that he would be particularly minded for, for the purpose of bringing forward this bill.
Hon. D. Eby: This bill is aimed at a couple of pieces. The ones that I’m particularly sympathetic to are the concerns of journalists who are tasked with getting stories out in the public interest.
If you’re a journalist and you get a defamation threat, as many — I would argue most — investigative journalists have received, and you sit down with the insurer, if your newspaper or news channel or whatever has access to insurance to provide counsel, or you just sit down with a lawyer, that lawyer would go through with you that: “Yes, you may have a good case here in terms of this is in the public interest. You may have a good defence in terms of responsible journalism. You may, at the end of the day, be able to meet the burden on all these different pieces.”
What’s going to happen is this person…. If they file the defamation suit against you, all they have to do is prove that your story lowered the public’s or a reasonable person’s opinion of them, and then the whole thing shifts to you to prove all of these defences. You’re going to go through a full trial, and it’ll take years. The approximate costs will be X, but it will be in the tens of thousands of dollars to defend this claim.
You need to make a decision about: is this story worth going ahead? Is it worth pressing ahead knowing that, ultimately, you may win after a full trial, but you have to go through a full trial to defend it? This is someone with a lot of resources or a company with a lot of resources that is threatening this defamation action. They’ll be able to go the distance. Generally speaking, this is the scenario. Then the story is either spiked or withdrawn, or the journalist actually makes the decision to go ahead.
I’m extremely reluctant to provide examples of specific cases, because this bill talks about different elements that need to be proven in order to satisfy it, in order to have a matter dismissed, that may not have been argued, may not have been in front of the court because this bill didn’t exist at the time. I can’t say with certainty that any particular case would fall within this bill or would not fall within this bill without knowing all the details of those cases.
But I do know. The people that have written to the government and those that have advocated for these reforms in Ontario, in the Moran panel, and in British Columbia — less formally, but certainly those voices have been very present — say that there’s a significant problem with — and I use the examples of journalists — stories not getting out there simply because of a threat of defamation, never mind litigation.
What we’re trying to do is say to people: “Look, it’ll still end up in court, potentially, but at least you’ll have a procedural remedy to get this dealt with sooner. You won’t have to go through a full trial, and you’ll be able to incorporate some of the defences the Supreme Court of Canada has come up with, at a much earlier stage. There will be costs, but they won’t be nearly what they would be otherwise.” That’s what we’re attempting to address here in the bill.
M. Lee: To what degree was the Third Party consulted when drafting this bill?
Hon. D. Eby: This bill is modelled on the Ontario act, which then was used by the Uniform Law Conference of Canada to create a model statute for Canada. Our bill draws almost exactly from that model statute. There was a lot of work done by Ontario and the Uniform Law Conference of Canada in coming up with that model statute.
We also looked at the benefit of the fact that the bill didn’t go through in the first session and that it was reintroduced, as it gave us a chance to see the Ontario Court of Appeal decision that evaluated the Ontario act and filled in some of the spaces that the act left in terms of how the courts will be interpreting this. You could say, in a sense, that we consulted the Ontario Court of Appeal, although simply by reading their judgment.
Because it is based on a model statute, because it comes from experiences in other jurisdictions, we did not rely on third-party representations in crafting the bill. We wanted to have a consistent bill, as much as possible, between the jurisdictions to benefit from the jurisprudence that’s already starting to accumulate around the Ontario act.
While we certainly did, to the extent that we could, let stakeholders who had expressed interest know…. I believe we let the B.C. Civil Liberties Association know and then the eminent jurists, current and former — the people who had written to us to advocate for this bill.
We let them know that it was coming out. The bill itself was based not on consultations with third parties but rather on the model legislation that was put forward by the Uniform Law Conference of Canada.
M. Lee: That question certainly can be interpreted to be asking about any third party. I was also referring to the Third Party in this House.
Hon. D. Eby: I thank the member for the clarification. I believe, actually, that — I’m not 100 percent sure — it was part of the confidence and supply agreement. It may have been. I don’t know. I just know it was a shared interest, certainly, of the Green Party and the NDP that this legislation be in place and a long-standing policy, I think, of both parties that this be in place. Certainly, we share the Green Party’s enthusiasm for bringing back these kinds of protections for free speech.
I know that the Green Party, to the extent that I believe I can say so, was pleased to see the bill come forward, wanted to see the bill come forward and advocated to see the bill come forward. But again, the bill itself was based on the Uniform Law Conference of Canada model legislation and not on third-party — whether small letters or capital letters — submissions. Certainly, the enthusiasm of the Third Party for this is shared by our party, and everybody, I think, is glad that this is finally coming in.
M. Lee: Apart from the Ontario Court of Appeal decisions, has there been any further input from the Ontario government as to, or any review of, the consequences of…? There was similar legislation in Ontario since that date. Has there been any review or any consideration of how that’s worked out in Ontario?
Hon. D. Eby: It sounds a bit funny to say it, because the bill in Ontario was brought in, in 2015, but it is a bit soon, just given the speed of the legal system, to say with certainty what the outcomes have been.
One of the big landmarks and one of the big pieces that people were looking to, to determine how the statute would be treated by the courts and interpreted was the Court of Appeal decision that came out in August. The case is 1704604 Ontario v. the Pointes Protection Association and a number of other named defendants. I highly recommend the decision to people who are interested to see how the courts to date have treated this statute, as the Ontario Court of Appeal is quite an influential court.
Certainly, we were pleased to see a decision that supported the statute as we had brought it forward in the original session and as we re-introduced it in the current session. It’s very helpful for people to see that court decision come forward and to flesh out a little bit some of the bones of the statute.
M. Lee: Just looking at the alternative models that might have been considered, when reviewing the underpinnings for this particular set of legislation, was there consideration given to some of the other models that have been provided in the various states of the United States of America that have adopted what has been a fairly wide-ranging set of approaches to dealing with frivolous lawsuits? Were there any alternatives considered by this government in looking at anti-SLAPP legislation?
Hon. D. Eby: There are some fairly significantly different approaches in some of the U.S. jurisdictions. They, of course, have a significantly different system and a different constitution, although many similar values around free expression and so on.
One of the models that looked interesting at first blush was, I believe, out of California, where they have triple costs where you can prove that the litigation that’s been brought forward is essentially a SLAPP suit. It has resulted in, essentially, a bar of people, a defence bar that will act pro bono, or act for free, until the case is concluded, for people who are facing these kinds of actions, because the lawyers believe that at the end of the day, they’ll get triple costs and pay for their costs on the file. They’ll take it on, essentially, on contingency.
The challenge with that approach, again, is that it requires the case to go all the way through and then for there to be a determination of a triple-cost award. So we stayed away from the cost awards as being the discipline to assist people in getting legal representation and so on. I wasn’t as sure that the costs alone would be enough to encourage lawyers to represent people for free in the hopes that ultimately they would get a positive costs award. Although, at first glance, it seemed more appealing.
Then we also had the benefit of another jurisdiction — namely, Ontario — and the Uniform Law Commission of Canada set out a made-in-Canada regime that incorporated all of the jurisprudence, all of the decisions of the Supreme Court of Canada, into a very elegant procedural motion that allows things to be heard much sooner.
It results in less burden on the courts — you don’t have to go through a full trial — and less burden on defendants who are facing these. It doesn’t hope that lawyers will come forward and represent people for free in the hopes of getting a cost award, and it allows people to raise these issues very early in the proceedings. There were a number of benefits, ultimately, that led us in this direction.
M. Lee: Just looking at these considerations, I would like to ask the Attorney General in terms of what considerations were given to the consequences. I appreciate, of course, the concerns around defendants’ freedom of expression, and certainly, we’ve discussed that at second reading. It’s something that I acknowledge and recognize.
In terms of the plaintiffs’ considerations, what consequences has the Attorney General looked at, in reviewing the nature and the framework of this bill, as to the potential impact on plaintiffs who have claims which might have some merit? Of course, I appreciate, again, that this is the early mechanism to determine that. But in any event, is there a concern here in terms of plaintiffs’ inability to bring forward claims which do have merit in this new framework that will be put in front of them as they might bring forward a claim against the defendant?
Hon. D. Eby: I’m joined now by Darin Thompson, legal counsel, as well. I appreciate his assistance here.
I’ll refer the member to section 4 of the bill. We’ll get there eventually. It has the balancing test, as I described it in my second reading speech. This is the heart of the bill. It does rebalance the approach to protecting free expression versus protecting reputational rights. It’s recognized and it’s intended that that be the effect of section 4.
The member is right that significant consideration has gone into the impact that this will have, both on the defendants’ free expression rights and on the plaintiffs’ reputational rights, because subsection 4(2) has two parts to it, (a) and (b). Even if you are able to show that “the proceeding has substantial merit” and that “the applicant has no valid defence in the proceeding,” the court still will participate in a weighing exercise about the impact on free expression versus the value of the reputational rights that are being protected by the proceeding.
The intent here is to say: “You might get an award of $500 at the end of this case, but the impact of that on free expression will far outweigh that, and so, as a result, we’re not going to allow this to go ahead anyway.” That is a change in the weighting between protecting free expression and protecting reputational rights.
We are reweighting things to protect free expression because we feel that the law, as it has evolved, has disproportionately weighted reputational rights, and that’s had an impact on everything from community members speaking about projects that impact their community to journalists and to others in a way that is detrimental, ultimately, to democracy. So we are reweighting this a little bit, but it is up to the court to decide whether the reputational interest that’s at stake outweighs the free expression impact. The proposed legislation here provides the court with the opportunity to do that balancing test.
Section 1 approved.
On section 2.
M. Lee: First, to clarify again that the only difference between this Bill 2 and Bill 32 from the previous session is the amendment to this section. Is that correct?
Hon. D. Eby: I believe that to be the case. The only substantive change is the change to the coming-into-force date — essentially, which lawsuits this would apply to when they were filed.
M. Lee: Appreciating that we did not reach the opportunity to have a discussion of Bill 32 at the time in the previous session, but just to understand the nature of the initial proposal by the government, can I ask the Attorney General: why was the original provision drafted in that way, in terms of application to any actions that might be in place at the time, which would have an effect to deal with any claims?
Hon. D. Eby: I think, just as sort of a procedural point, but an important one, the question doesn’t relate to a bill that’s in front of the House. The bill that’s in front of the House starts the effect of this for litigation that was filed on the day that the bill was introduced in the House and later.
The reason for taking that approach is that we wanted to avoid a sudden rush of litigation coming in after the bill was introduced but before it received royal assent, which was an extended period because we didn’t pass the bill in the first session, and this revised version was introduced in the second session. We didn’t want a bunch of people suing each other, trying to get things in before royal assent. We wanted to communicate very clearly that there’s not a window — that as of the date of introduction, the bill, if it passes, is in effect.
The broader question — I think good arguments could be made on both sides of that. Ultimately, it was government’s decision to go with the date of introduction rather than applying to all actions that are currently in front of the court.
M. Lee: I think it’s important to understand the way that this government was approaching this bill when it tabled that bill in the first place, in the previous session, and then did not bring it forward, effectively, to second reading or committee. We have the opportunity now to understand the manner in which this bill was tabled in the previous session, and now it’s been brought back into this session.
Something that I would like to consider is a particular amendment to this section, which I’ll speak to in a moment. That’s the reason why I’m asking these questions — to get an understanding as to what was the thinking of this government when it brought forward that particular section of this bill in a different manner that would have provided no notice, to any of the participants in our legal system, about a change. It would have caught plaintiffs, defendants, off guard in terms of their considerations of claims as they were bringing them forward, defamation or otherwise.
That’s why I think it’s important to ask the question at this committee stage, because this is the first opportunity that we had, after that Bill 32 was first introduced.
Going from that, can I ask, specifically to the Attorney General, as to why the date of May 15, 2018, was selected to have this particular legislation come into effect?
Hon. D. Eby: The intention was to capture the date of first reading. I’m glad the member is happy with the change of including the date.
M. Lee: I think we have a discussion to be had here as to date of first reading, then. I appreciate that in Ontario the legislation stated that it would be the day of first reading. The question is: the first reading of which bill, though? When the government brought forward their Bill 32, it was of a different nature in the sense that this section was in a different formulation, and the bill died in that session, on the order paper. The government did not move forward with that legislation. For any plaintiff or defendant who is looking at this situation, it’s arguable as to what notice they were provided, and whether they’re provided with any meaningful notice.
That is why I would like to at this time table a simple amendment to this section, which would have an effect that we would delete the current text and insert in its place similar text which is the date of the first reading of this Bill 2.
[Section 2 by deleting the text shown as struck out and adding the underlined text as shown:
2 This Act applies in respect of proceedings
commenced on or after May 15, 2018
February 13, 2019.]
On the amendment.
Hon. D. Eby: I’ll wait for the copy, but I think it’s pretty straightforward about what it says, and the member has been pretty clear about why he is putting it forward. The issue that I have with the amendment as proposed is that it would essentially reward a group of people. It would reward a group of people who saw the bill introduced and decided that because it was going to apply, they would not file their lawsuit.
Then when the session ended and the bill died on the order paper, they decided that there was a window to file a lawsuit against someone — which they knew was a SLAPP suit that they knew was impairing free expression, that they knew would be at risk, under this procedure that we’re putting forward, of being dismissed — with the hopes that if the bill was introduced, it would only have effect from the date forward that the member suggested, which is the date of first reading of the next version of the bill. It would reward all those people who filed lawsuits, happy that the bill had died on the order paper, because it would have compromised their ability to sue someone and affect their free expression.
While I do understand the member’s stated policy reason for wanting to have it be the date of first reading of this particular bill that’s in front of the House, rather than the first time it was introduced in the House, it would have the perverse effect of rewarding that group of people who didn’t bring litigation forward — or who did bring litigation forward and then continued with it, once they saw that the bill had died, rather than discontinuing it, knowing that they would be impacted by this bill.
That’s exactly the group of people that we want the bill to target. There are people filing lawsuits who know that when they’re filing this lawsuit, it will have the effect of repressing someone’s free expression and that there is little to no reputational harm that they’re facing in the balance. That’s why we have the May 15 date in there.
I thought for a moment there that we had a moment of radical agreement in this Legislature, violent agreement, which would have caused a lot of people concern, I’m sure, in terms of setting the May 15 date. But I see now that the member wants to do February 13.
That is the concern that I have with his proposed amendment. I can’t see a principle basis on why someone who files a lawsuit in January now gets to repress someone’s free expression when they had full notice that, first of all, the government had introduced the bill. Plus, I was in the media and all over the place saying: “Yeah, it died on the order paper, but we’re re-introducing it, and it will come forward in the next session.” I wrote letters to people, which said that, who wrote to me about this bill.
So taking advantage of that window, being able to file their free expression–repressing litigation, I just can’t see why we would reward that kind of conduct.
A. Olsen: I’d just like to rise and request a brief recess. I’d like to have a conversation with the members on the other side.
The Chair: Committee will be in recess for five minutes.
The committee recessed from 11:36 a.m. to 11:43 a.m.
[R. Chouhan in the chair.]
The Chair: Are there any questions on the proposed amendment?
M. Lee: I just wanted to make one small comment, if I may. I appreciate the recess called by the member for Saanich North and the Islands. I just would like to say, in response to what the Attorney General had to say, that there is a gap — it’s what I’m suggesting by proposing this amendment — between what was unclear, at least to the B.C. Liberal caucus members of the opposition on this side of the House, as to what the government’s intention was with respect to Bill 32.
When it died on the order paper — despite what the Attorney General indicated as to what was communicated out — I’m not sure that we heard that communication on what the intention of the government would be, in saying what the impact was on defendants and plaintiffs in this intervening period of time. Given the fact that we don’t have clear indications and data as to the status of various defamation suits, no members of this House truly know the full impact of that period of time the Attorney General is talking about.
From a procedural-fairness point of view, just like it was in Ontario, the effective date of the act is the first reading of that particular bill. So we do have this odd situation where the government introduced legislation — which, I would suggest, was defective on its basis, which is the reason why they pulled back on it. They didn’t move forward with it. It’s a question, for all of the members of the public who rely on this House, as to what that put us into. I’m just looking for clarity, and that’s the reason why we’ve proposed this amendment.
The Chair: Members, the question is the amendment proposed by the member for Vancouver-Langara.
Amendment negatived on the following division:
YEAS — 36 | ||
Cadieux | de Jong | Polak |
Wilkinson | Lee | Coleman |
Wat | Bernier | Thornthwaite |
Paton | Ashton | Barnett |
Yap | Martin | Davies |
Kyllo | Sullivan | Reid |
Morris | Stilwell | Ross |
Oakes | Johal | Rustad |
Milobar | Sturdy | Clovechok |
Shypitka | Hunt | Tegart |
Sultan | Gibson | Isaacs |
Thomson | Larson | Foster |
NAYS — 40 | ||
Kahlon | Begg | Brar |
Heyman | Donaldson | Mungall |
Bains | Beare | Chen |
Popham | Trevena | Sims |
Chow | Kang | Simons |
D’Eith | Routley | Ma |
Elmore | Dean | Routledge |
Leonard | Darcy | Simpson |
Robinson | Farnworth | Horgan |
Eby | Dix | Ralston |
Mark | Fleming | Conroy |
Fraser | Chandra Herbert | Rice |
Malcolmson | Furstenau | Olsen |
| Glumac |
|
Hon. D. Eby: Noting the hour, I move the committee rise, report progress and seek leave to sit again.
Motion approved.
The committee rose at 11:53 a.m.
The House resumed; Mr. Speaker in the chair.
The Committee of the Whole, having reported progress, was granted leave to sit again.
Hon. M. Farnworth moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 this afternoon.
The House adjourned at 11:54 a.m.
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