Orders of the Day

Private Members’ Statements

ADMINISTRATION OF JUSTICE

M. Morris: The administration of criminal justice in British Columbia and across Canada has evolved in tandem with society, attempting to reflect the needs and expectations of our populations and, at the same time, ensuring we have a country guided by the rule of law.

[R. Leonard in the chair.]

These changes became more pronounced with the inclusion of the Charter of Rights and Freedoms embedded within our constitution over 40 years ago. Our courts have defined, refined and modified our approach to enforcement, prosecution and generally all aspects of the administration of justice. As a police officer, I can speak firsthand about the rigour and attention police put into these decisions as they affect enforcement.

Court decisions, particularly decisions handed down from the Supreme Court of Canada, often require police to make dramatic operational changes to methods of investigation, evidence-gathering and conduct. These operational changes have profound impacts on police services.

The study I commissioned in 2002, a 30-year analysis of police services, delivery and costing, conducted by a B.C. university criminology department and published in 2005, looked at the impacts these changes have had on the complexities of policing over a 30-year period. It concluded these complexities more than doubled — and, in many cases, tripled — resource requirements in criminal investigations and process.

[10:05 a.m.]

The impacts from legislative changes like the Bail Reform Act, the Charter of Rights and Freedoms and dozens of other changes — most recently Bill C-75, amending the Criminal Code — have added significantly to the steps and processes necessary in investigations, arrest and release procedures, and prosecutions.

As a former police manager, I was required to risk-manage and redeploy police officers to accommodate these impactful changes. As a former Solicitor General for B.C., I was guided in my decision-making by the Police Act, requiring the minister responsible to ensure there were adequate police resources to meet these impactful changes.

Attorney Generals across our great country also have responsibilities. Their role requires them to safeguard our justice system and to ensure the administration of justice is protected from falling into disrepute so that the public can feel safe in their communities. They must ensure the resources under their ministries are aligned and sufficient to meet the ever-changing needs imposed by the courts and the federal legislative changes.

Our Attorney General here in B.C. has recently referenced federal legislative changes and Supreme Court of Canada decisions as reasons contributing towards the constant arrest-and-release pattern prevalent in every B.C. community. His comments suggest that the revolving doors of justice — as many have now termed the process — of arresting prolific offenders, releasing them and re-arresting them, time and time again, is apparently a consequence of having to comply with the stringent release conditions imposed by the Supreme Court of Canada and Criminal Code amendments.

In examining the British Columbia crime trends data for the period of 2011 to 2020, administration-of-justice offences have increased by 37 percent across the province, yet the number of persons charged with these offences has remained static. Administration-of-justice offences include breach of probation, fail to appear in court, fail to comply with release conditions, unlawfully at large and escaped custody.

The provincial trend is troubling. But how is this for a shocking stat? Administration-of-justice offences increased by 154 percent in the city of Kelowna during the same period. The mayor of Kelowna recently revealed that police in his community have identified 15 prolific offenders who are responsible for over 1,000 negative police contacts just last year alone. Keep in mind that a Kelowna RCMP officer was recently stabbed in the face while making an arrest — evidence of the ever-present danger for police officers.

The input from police to prosecutors regarding the danger prolific offenders present to police and the public should not be discounted. Prince George, with 64,000 people less than Kelowna, has the same number of administration-of-justice offences as Kelowna.

Just three weeks ago in Prince George, police arrested a prolific offender in a stolen vehicle after the offender rammed a police vehicle to avoid arrest. The individual, who was wanted on an outstanding warrant, had been arrested and released numerous times over the past two years and each time had failed to attend court or comply with release conditions, including being prohibited to possess firearms.

At the time of this most recent arrest, he was in possession of body armour, a prohibited high-calibre rifle with a high-capacity magazine, loaded and ready to fire. He resisted arrest and jeopardized the lives and safety of the arresting officers and surrounding public.

This is not an isolated offence. Police are faced with thousands of interactions like this with prolific offenders across our province each year.

How many times does an individual need to be arrested for failing to appear in court before bringing the administration of justice into disrepute? How many warrants need to be issued by the courts to a single individual for failing to appear in court after being arrested for failing to appear in court before it brings the administration of justice into disrepute? How many times does an individual need to be arrested for breaching conditions of release by being in possession of prohibited or restricted weapons before bringing the administration of justice into disrepute?

How many times must an individual breach their conditions of release before the administration of justice is brought into disrepute? How many times must the orders of the court be ignored, dismissed and rejected before the administration of justice is brought into disrepute?

The courts, nor legislative amendments, have removed the statutory authority to charge individuals committing administration-of-justice offences. They have, however, directed prosecutors to justify holding offenders only if release will compromise public safety and/or bring the administration of justice into disrepute.

[10:10 a.m.]

Sadly, it appears the doctrine of qualified immunity, as currently applied, appears to be compromising the rule of law in British Columbia and is bringing the administration of justice into disrepute every day, right across this province, in every community that we have.

The public is growing concerned. Municipalities have a financial burden that has been impacted significantly over the years, and it doesn’t look like it’s going to get any less. The administration of justice is in a crisis situation across the province.

B. D’Eith: Picking up on where the member left off, I totally agree that when violent and unprovoked incidents happen, everyone feels less safe. It shakes victims to their core and can be very traumatizing. Of course, my thoughts go out to all the victims of any attacks that have happened. No one is denying that crime committed by prolific offenders is a serious issue and needs serious attention, but let’s look at the administration of justice and the steps taken to improve our system over the past five years.

I know that in 2002, my friend Heidi Mason was given the sad task of firing 500 legal aid lawyers. There were massive cuts made in 2002 and then again in 2009. So if we’re going to talk about bringing justice into disrepute, taking away the rights of the people, often impoverished or single mothers or others, for justice is a big thing. It wasn’t until 2018 that significant funding was put back into legal aid.

Let’s look at what is behind…. People who reoffend are often stuck in a cycle, and they’re often dealing with intergenerational trauma, poverty or mental health and addiction issues. To break that cycle, they need support. To interrupt the cycle, we need to work together to make programs like the new complex care system a success. If we can deal with the roots of offences, we can reduce the number of offences and make communities feel safer and help businesses operate safely.

In fact, 60 percent of individuals under provincial supervision have been diagnosed with an addiction, mental health issue or both. Every person in custody is assessed within 24 hours. In fact, B.C. is the only province with a director of mental health services in corrections. Each of its correctional centres has mental health professionals who coordinate services for people with mental illnesses.

Another important improvement is the court digital transformation system, modernizing our court justice. From April to September 2020, the number of virtual hearings in court increased by more than 120,000, over 2019. Virtual hearings allow British Columbians to engage more easily and effectively with the court systems. Lawyers can work on files while waiting. Travel is saved. People are able to actually stay in community instead of travelling many miles to court, especially in rural B.C.

The province has also invested in courthouses. In fact, a state-of-the-art courthouse has recently opened in Abbotsford. This facility will make justice services more accessible and convenient for people in the region, including in my riding of Maple Ridge and Mission. The law courts in Abbotsford mark the first entirely new court built since 2002. The new court will double the capacity of the old courthouse and offer future expansion to accommodate the region.

The recent budget also included funding for virtual Indigenous justice centres, because we really, truly believe in restorative justice. This will increase justice for Indigenous people.

The budget also committed to $8.19 million in new, ongoing, annual funding for legal aid services in the province — again, helping legal aid grow, which is very important for the administration of justice.

Now, of course, the opposition would like to blame Crown counsel for this. There was a modest decrease during the pandemic of charges laid, but to put things in perspective, Crown reports 1,700 were received by the court, 1,257 were approved by the court, and only 339 resulted in no charges. The rest went to alternative measures or back to the police. When charges come, the vast majority of assessments are made within 30 days.

As far as people being released on bail, the opposition would like to, again, blame the Crown, but in fact, federal Bill C-75 legislated a principle of restraint. What this means is that police and courts must favour release over offenders. Of course, R. v. Zora, 2020, clearly states that bail should not be a form of criminal punishment. Instead, it’s an issue of flight risk. It’s not the fault of Crown counsel that they’re merely applying the law.

[10:15 a.m.]

In 2017, the Office of the Attorney General has taken huge steps in enhancing the administration of justice in this province through addressing the root of repeat offences, building new facilities — as I said, we hadn’t had a new courthouse since 2002 — allowing digital hearings, which is really going to help, especially in rural and remote areas, expanding restorative justice, which is incredibly important for reconciliation, and enhancing legal aid. It’s so important.

Finding the balance between judicial fairness and public safety is always a challenge. However, I am confident in the commitment that this government has made to the administration of justice in this province.

M. Morris: I appreciate hearing from the member. He speaks about improvements, yet as these so-called improvements have been spread across the province, we see nothing but the deterioration of community safety in every single community that we have. We see the increase in numbers of prolific offenders.

Bill C-75, which led to a number of changes to the release provisions and bail provisions that we see, stemmed from a Supreme Court of Canada decision from 2017, does place onerous conditions upon prosecutors to prove that an individual needs to be held in custody.

I’m certainly not blaming. This side of this House does not blame the Prosecution Service for what’s going on out there. They’re complying with the law. The problem that we have is…. Perhaps it’s time to look at the number of prosecutors that we have in the province to address the onerous conditions that have been placed upon prosecutors and the administration of justice — to ensure that people who qualify for a release are released but, at the same time, ensure that the safety of the public is considered by holding some of these more prolific offenders.

You know, it’s come to the stage in many cases where we see a prolific offender…. They know what’s going on. They know the guidelines that the Prosecution Service follows. They know the guidelines of the court. By merely asking an individual if they’re going to show up in court, if they say yes, they take them on his or her word, and they release them, even though that individual has been arrested and released for failing to appear in court numerous times prior to this particular incident.

This is a frustrating example that police deal with on a daily basis, that our communities deal with on a daily basis, that the prosecutors deal with on a daily basis. They are probably equally as frustrated as the police are and members of the public are in this.

This is what I mean. As a police manager, I had to ensure that I would channel the resources into those high-risk activities to address those changes that come about from the court decisions or from the legislative changes. I think the Attorney General’s responsibility is equally as important, where he has to ensure there are sufficient resources available to prosecute these types of offences.

You know, the last case the member mentioned was Zora, where basically the judges are saying that we have to have individualized release provisions for each indivi­dual that’s released before the courts. If that’s the case, we’re probably going to have to have individual prosecutors for these prolific offenders, as well, to make sure that they are followed through the whole entire court system.

Only then will the public be safe.

EMPOWERING PEOPLE TO PREVENT
AND PREPARE FOR WILDFIRES

B. Anderson: Summer used to be my favourite season. In the Kootenays, it meant time spent at the beach, hikes in the forest and sitting around a campfire with friends.

When I first started hearing about global warming, now called climate change or the climate emergency or climate chaos, I figured I might notice subtle changes to our local ecology in my senior years. I was shocked when I realized how drastic and devastating these changes would be, less than a decade later. Since my childhood, summers in the Kootenays have changed. Summers in the province have changed.

[10:20 a.m.]

During last summer, walking outside, there was an intense smell of fire, and you could taste ash in the air. Many folks ended up being stuck inside with feelings of nausea, depression or anxiety. Other people decided to leave to other areas with better air quality.

In the Kootenays and across B.C., we have had to live with the threat of wildfires and smoky skies in recent years. Wildfires and the resulting haze have become part of a normal summer. With climate change, we are seeing drier, hotter summers and a more intense fire season. The smoke has caused air quality to rise to dangerously unhealthy levels.

Last summer Dr. Kyle Merritt from Nelson gave a controversial diagnosis. His patient was suffering from heat stroke, dehydration and breathing issues, which all resulted from one thing. So he diagnosed his patient with climate change.

Wildfires in B.C. have caused physical sickness and contributed to the mental health crisis. Three of the worst wildfire seasons on record for severity and hectares burned occurred in the last five years. We have lost homes, businesses, infrastructure, habitat and lives.

The community of Lytton was devastated by a wildfire last year. In the days leading up the fire, Lytton was already making the news, as it had been setting records for the highest temperature ever recorded in Canada, reaching 49.6 degrees Celsius. Under hot, dry conditions and with winds up to 71 kilometres per hour, the fire was pushed north, into the community. As residents scrambled to evacuate, the fire swept through the village within minutes. The fire caused two civilian fatalities.

Local governments are leading the ongoing recovery efforts with significant support from the province. No one wants to see another disaster like the Lytton fire devastate a community, and that is why the province has substantially increased its capacity to support communities and people to prevent and prepare for wildfire season.

In B.C., we are working to build a more resilient province. Preventing, mitigating and building a province and communities that are more resilient to the impacts of wildfires is a top priority for our government. Our government is shifting to a proactive, year-round model, which will allow the B.C. Wildfire Service to focus on all four pillars of emergency management — prevention and mitigation, preparedness, response and recovery.

The B.C. Wildfire Service is committing to educating individuals and communities about wildfire risk and the actions they can take to protect themselves. This includes developing tools to support short- and long-term predictive capability and risk-based mapping. For example, better understanding when and how climate-related emergencies may unfold and which communities are a priority for undertaking fuel mitigation work.

Wildfire risk reduction is a shared responsibility. This budget includes $90 million to help more communities participate in programs like FireSmart. FireSmart provides homeowners and communities with the information and tools to take direct action and protect their homes, neighbourhoods and their communities from the impacts of wildfire.

In Nelson, on Saturday, April 30, volunteers will help FireSmart, a portion of our Rail Trail. Through this work, we will increase the trail’s wildfire resiliency by reducing the amount of combustible fuel on the ground along the trail. Volunteers will help to remove woody debris that allows wildfires to spread along the ground and learn FireSmart vegetation management techniques from local experts.

This project is being led by the city of Nelson’s fire chief, Len MacCharles, and is in partnership with the regional district of Central Kootenay, the B.C. Wildfire Service and the Columbia Basin Trust. These types of partnerships and activities proactively make communities safer from wildfire.

Alongside FireSmart, the province is investing $98 million to fund wildfire prevention work and projects to help the B.C. Wildfire Service respond to future wildfires. Reducing the impact of wildfires in B.C. needs to take a holistic, community and landscape approach. This includes funding for local governments and First Nations to undertake priority fuel management activities on provincial Crown land and on private land. Even with strong preventative action, B.C. must be ready to protect people, property and communities from climate disasters.

[10:25 a.m.]

Last summer I attended at community wildfire information events in both Riondel and Crawford Bay on the east shore of Kootenay Lake. Residents were deeply concerned about the close proximity of wildfires. The B.C. Wildfire Service and RDCK staff were there to answer their questions. Many residents wanted to know how they could prepare their homes and themselves in case they needed to evacuate.

Our government is making significant investments to prevent and prepare for wildfire. The Minister of Forests and I were able to visit Harrop-Procter community forest last fall to see the incredible fuel mitigation work being done by their community. There continues to be fuel mitigation work funded by the province near Kaslo and Creston and near communities across the province.

L. Doerkson: I want to thank the member opposite for bringing forward this topic for discussion today and certainly for their comments on this issue. It is certainly one that is very close to my heart, one that has literally hit home for me.

The Cariboo is, unfortunately, all too familiar with wildfires and the devastating impact that they can have on our communities. I’ve seen multigenerational farms wiped out in the span of a few hours. I’ve seen livelihoods destroyed and lives put at risk.

Last year our province experienced, of course, one of the worst wildfire seasons on record — more than 1,600 fires burning nearly 8,700 square kilometres of land and destroying homes, barns and hectares of forests, rangelands and displacing thousands of people.

Unfortunately, due to escalating impacts of climate change, these catastrophic wildfires are becoming more and more common. We can see this clearly in the fact that the three worst wildfire seasons in B.C.’s history all took place in the last five years, as was referenced earlier.

There’s undoubtedly a lot of work we must do, and changes must be made as to how we prevent and fight wildfires. I agree that those changes need to start with taking steps to empower people on the ground. Already this year, we’ve seen a handful of wildfires in our region. It’s a reminder that we must be vigilant all year round to prevent fires from breaking out.

There are steps that we can take to prevent human-caused fires, like ensuring that campfires and controlled burns are entirely put out and never left unattended, making sure never to discard cigarette butts outdoors and reporting fires when we see them.

Additionally, we can prepare our properties to lower the risk of fires by removing combustible materials such as shrubs and dead foliage from our properties, clearing leaves and debris from gutters and keeping the lawn well watered.

We must also remember that, particularly in rural British Columbia, residents know their land better than anyone else. They have a connection to it. They want to protect it, so we must enable them to do so.

However, in addition to empowering people to prevent wildfires, government also needs to modernize its own approach to preventing, fighting and responding to fires and the way it communicates with those on the ground. From alert systems to evacuation orders and emergency response, there needs to be clearer communication during wildfires. People need to receive accurate information about what’s going on in order to make the best decisions they can to keep their family and their land safe.

Another way we can work to prevent wildfires is by addressing climate change and, in turn, lessening the impacts. Taking real and commonsense steps to lower emissions and slow climate change will be essential to looking out for our province’s future, ensuring we experience fewer climate-related disasters.

I think it is also vital to highlight that we are not limited to empowering people to prevent fires. We should be making use of local knowledge for both fighting and recovering from fires as well.

On the topic of recovery, we have to realize that the impacts of fires are not short and are not just contained to a few weeks after the fire is put out. For some, recovery will take years. The government needs to be present and supportive through that process.

There are people in my riding…. One family is the Cunninghams, who are still very much in the midst of recovery from last summer’s fires. Although they’ve reached out to the minister repeatedly to get financial help — and they have received some — for the damage that has been caused on their ranch, they have heard little as of late for a reply. It’s clear that we need a better response for our ranchers who are left dealing with the impacts of fires for years and also communities that are stuck in that same process.

[10:30 a.m.]

At the end of the day, we know that the government should listen and learn from locals and Indigenous people every step of the way. I hope that, moving forward, the government is able to embrace this expertise and better respond to the needs of the people on the ground.

Last week residents in Piper Lake in the West Chilcotin put out a forest fire on their own. They put it out on their own because there was no response when they phoned the 1-800 line or when they phoned the local tanker base. These people are an incredible resource, and we must capitalize on that.

B. Anderson: Wildfire season has already started in our province, and it is important for people to prepare. There are a number of activities that people can do to proactively prevent and prepare for a wildfire.

First, it is important to undertake fire-smart activities around your home. In the Kootenays, you can contact the RDCK or your local fire department, and they have trained folks who will come to your home and assess your property and provide information on how you can fire smart your property.

When they came to my home, I learned that even something simple, like having a doormat, increases the risk of damage to your home in the event of a fire. Embers are the burning debris that can be cast up to two kilometres ahead of a wildfire by wind or energy from that fire. Embers can ignite materials, such as a doormat, and cause severe damage or total home loss.

Once homes or adjacent materials begin burning, they continue to cast embers further into the community. By taking action and creating a fire-smart property, you will dramatically increase the resistance of your home and property to damage caused by wildfire.

It is important for each family to have an emergency plan. Planning how you and your household will respond to disasters, including wildfires, will reduce anxiety and help to keep you safe. The province has a fill-in-the-blanks emergency plan that will help you and your family prepare. In addition, each person should also have a grab-and-go bag, in the case of a wildfire or other emergency and you need to leave right away. It is a good idea to make a grab-and-go bag for your home, workplace and vehicle.

It is also important to research your insurance coverage. Home insurance policies in B.C. cover fire damage and loss, and if you leave your home due to a mandatory evacuation order, most homeowners’ and tenants’ insurance policies will provide coverage for reasonable living expenses for a specified time.

If you’re a farmer, especially one with livestock, having a response plan is critical. Wildfires can have devastating consequences for the agricultural industry. There are resources available specifically to help farmers and ranchers prepare for a disaster like a wildfire or a flood.

In conclusion, the provincial government recognizes that climate change has the potential to create chaos and destruction in our communities, and we are making investments to prepare for, respond to and recover from wildfires. However, it is also critically important that we all take steps to prepare for wildfire season.

PROTECTING CHINATOWN

T. Wat: It is my honour to take my place in this morning’s debate to discuss how we can protect and support a neighbourhood that is very dear to all of our hearts, including mine, of course.

In the late 19th century, some of the first waves of Chinese immigrants to Vancouver settled in a small neighbourhood around Carrall Street and modern-day Pender Street. By 1890, the area was home to more than 1,000 Chinese residents and became known as Chinatown. Chinatown served as a haven for many Chinese immigrants to adjust to their new lives in Canada, while finding a sense of community and belonging in this city and province that was often less than welcome to new Asian immigrants.

[10:35 a.m.]

Over the past 130 years, much has changed in Chinatown. But much of this great neighbourhood’s architecture has been preserved, thanks in no small part to its designation as a national historic site in 2011 and the outstanding work and advocacy by neighbourhood organizations like the Chinese Cultural Centre, the Chinese Benevolent Association of Vancouver, Dr. Sun Yat-Sen Garden Society and the Vancouver Chinatown Business Improvement Association.

It is not just the architecture that has been preserved, but the culture and makeup of this incredible neighbourhood too. Chinatown’s economic and cultural identity is still largely made up of small and independent businesses who specialize in preserving and sharing samples of Chinese-Canadian culture for locals and tourists from all walks of life to enjoy.

Chinatown is not just an icon of Chinese-Canadian culture and heritage. It is an icon of Vancouver’s landscape and part of our identity as a city. It serves as a monument to our province’s mission to offer a better life to all who wish to call it home, regardless of race, religion or sexual orientation.

Unfortunately, not all changes in Vancouver’s Chinatown have been for the better. Chinatown has been at the forefront of many of the incredible challenges and tragedies B.C. has faced in the past two years. The impacts of these circumstances have been felt immensely. Much of Chinatown’s success over the past 100 years has relied on its role as a prime tourism destination. But throughout the pandemic, Chinatown could no longer depend on the steady tourism revenue brought in by cruise ships or international tourism.

The impacts on local business were profound. Chinatown has lost four of its six gift shops, and as of February, the rental vacancy rate in Vancouver’s Chinatown is over 17 percent. Bonnie Chen, the owner of Sincere Gift Shop, said: “Before our customers were from cruise ships, right? And tours. Now I think it is 95 percent down.”

It is not just the pandemic and the lack of tourism revenue that is causing Chinatown shopkeepers to fear for their future. What was once a peaceful neighbourhood for workers and tourists has been plagued with incidents of racism, hate crimes, rampant vandalism and thefts. In the midst of the pandemic, Vancouver was given the infamous title of the anti-Asian hate crime capital of North America.

A disproportionate number of these incidents of violence, vandalism and hate towards Chinese Canadians were perpetuated right in the heart of our iconic Chinese-Canadian neighbourhood. The crime that is becoming rampant in Chinatown is not only driven by growing racist sentiments but is also a by-product of the ongoing homelessness and opioid crisis that our province has failed to address for years.

In a Global B.C. news story, deputy police chief Constable Howard Chow cited that graffiti in Chinatown is up 300 percent. I have worked closely with many local business owners, including Peter Lau, to bring the rampant vandalism to the attention of this government and to call for support and action. After the iconic mural on his store was defaced, Peter recently presented a petition to the Premier’s office — after collecting close to 900 signatures, within a few days, from local business owners and community advocates — calling on government to take urgent action to tackle the vandalism in Chinatown.

It has gotten so bad that some local businesses and residents cannot even get even get their mail delivered, as the Canada Post mail delivery service has curtailed certain delivery routes citing safety concerns for their employees. The situation is nothing short of a crisis. If things continue, we will see more and more shops shutter their doors for good across Chinatown.

[10:40 a.m.]

Protecting, preserving and saving Chinatown must be a priority for this government. It must provide businesses with the supports they need, address our housing and affordability crisis, provide greater social support and complex care for those struggling with homelessness and addictions and work together to eliminate racism and hatred from our communities.

Together we must make sure that Chinatown can survive and prosper for another 100 years, 200 years, 300 years and forever.

M. Dykeman: Thank you to the member opposite for bringing forward this important topic, which is important to the whole province.

We saw an incredible increase in racism towards Chinese Canadians during the pandemic. It was very disheartening and very concerning and, I know, made many people feel fearful and isolated. This rise demonstrates clearly the need for more education about the contributions of the Chinese-Canadian community to our whole province.

We are so fortunate in British Columbia to have one of the largest Chinatowns in the world. This vibrant and historic neighborhood is known worldwide for the distinct character of the heritage buildings and the murals and window art that adorn buildings throughout the district, telling the stories of early Chinese pioneers. Anyone who has visited the area will recognize just how beautiful and important the storytelling throughout the area is.

Preserving the history of this area is so vitally important, because the contributions of the Chinese Canadians are an essential part of the entire province’s success and just cannot be overstated. As the member opposite mentioned, between 1886 and 1920 we saw a first wave of Chinese immigrants who settled around Carrall Street and Dupont, which is now Pender. By 1890, it was home to over 1,000 Chinese residents.

Named in 1904, Canton Alley served as a hub. It was abundant with trade and political and cultural activities, and it really fostered the growth and expansion of Chinatown. Today’s Chinatown is a destination neighbourhood, which attracts people from around British Columbia and many international tourists who come to enjoy the renowned restaurants, boutiques and retail and honor the memory of early settlers of our community. This historic area is so important to our entire, as I mentioned, province’s story.

With the loss of tourists as a result of the pandemic, that thereby decreased the street traffic. I think that there were few communities that could say that they were more affected than Chinatown. It was absolutely devastating to see just basically an entire community with no foot traffic. In a by-product of that, we know that the foot traffic from tourists and people outside of Chinatown who come to shop are vitally important to actually reducing street-level crime, because more people in presence reduces the number of people who have opportunities to commit crime.

Increasing the vibrancy and the thriving of businesses and making sure that businesses are open and able to continue are essential to ending that loop of crime and making people have an opportunity to feel more safe in the area. That is something that I think the member opposite, who is such a vocal advocate for the area, will know — that our government has made significant investments in trying to foster and support Chinatown back to being the vibrant community it’s enjoyed, itself, so far.

Examples of that include supporting local festivals to get people back into Chinatown and the addition of other investments in partnership with the Chinatown Foundation, including supporting an enormous housing development, which will boast a health care centre within to serve the community and to provide more opportunities for people to live in an affordable setting in the area. Further, our government is investing millions of dollars into a beautiful new Chinese Canadian Museum to celebrate the story and the rich history that I spoke of earlier.

[10:45 a.m.]

The province is providing $27 million to the Chinese Canadian Museum Society to support the purchase of the historic Wing Sang building and support the continued planning and operations of the society.

We have heard from people around the province that they want to see the museum showcase Chinese-Canadian history, culture past and present, and all the diversity that is enjoyed with that. We must protect Chinatown. We must make it come alive and make it be available for everyone.

Our commitment to Chinatown is clear. Our government is working hard to address the challenges brought on by the pandemic, which have just had a domino effect, so that the people who live and work in Chinatown feel safe and live in a vibrant community.

The success in Chinatown is both the government and the province’s success. It’s all of B.C.’s success when Chinatown is vibrant.

T. Wat: I’d like to thank the member for Langley East for her comments.

Despite the many challenges that the businesses and people of Chinatown currently face, there’s great work being done by individuals and organizations both inside and outside the neighbourhood. They are working tirelessly to preserve its culture and beauty, and I would be remiss if I did not mention them here.

Many owners of the local businesses and restaurants have gone above and beyond to keep business alive in Chinatown. Rod Chow is continuing the incredible legacy of his father, Jack Chow, by maintaining the insurance businesses and the neon signs that have become as much a staple of the neighbourhood’s landscape as the great statues or the Millennium Gate.

The Vancouver Chinatown Foundation, a registered charity, is committed to the revitalization of Chinatown and to building a more resilient and inclusive community by promoting the well-being of those in need. They are always looking for more support to help their mighty cause.

Many organizations have done incredible work to preserve the heritage of Chinatown, and all Chinese Canadians who, together with government and members of the official opposition, are doing incredible work to establish the Chinese Canadian Museum, as mentioned by the member opposite. We all want to see the Chinese Canadian Museum and all the other historic attractions Chinatown has to offer thrive, but this will take more than just funding. It will take advocacy, it will take initiative, and it will take the support of each and every one of us, as well as the ongoing strong commitment of the government.

The best way we can support this community is by taking the time to enjoy what Chinatown has to offer. So, Members, whenever you are in the area, I encourage you to stop by one of the incredible restaurants, shop at some of the local grocers or just take in the Millennium Gate and the other breathtaking monuments found throughout this historic neighbourhood. But first, of course, we appeal to the government to ensure that the law and order there is safe enough for British Columbians to visit Chinatown.

We need British Columbians to do more than financially invest in Chinatown. We need them to emotionally invest in Chinatown as well. Only then can we drive the change that will protect and preserve Chinatown.

SEXUAL ASSAULT AWARENESS MONTH

B. Bailey: I’ve been asked to present on behalf of the MLA for Victoria–Beacon Hill, the Parliamentary Secretary for Gender Equity, who is unable to be here today. I’m thankful for her words and the opportunity to present them today.

According to the Ending Violence Association of British Columbia, over half of women in B.C. have experienced physical or sexual violence since the age of 16. That’s more than one million women in our province. And one in three women will be sexually assaulted in her lifetime.

Many of us here and many people listening today know someone in their life who has been affected by sexual violence. Many of us have worked to address this violence through policy and through volunteer work, and I’m sure many of us have walked alongside and supported someone who has experienced sexual violence.

[10:50 a.m.]

We know this type of violence can impact survivors for years and can change how they interact with the world, their friends and their communities. We know that sexualized violence and sexual assault is deeply connected to colonialism and racism, and we know that Indigenous women are sexually assaulted at a rate of three times their non-Indigenous peers. We also know that women with disabilities are at a significant risk of violence. This demands action and services that meet the needs of our communities.

April is Sexual Assault Awareness Month, and we must raise awareness about the impacts and roots of sexualized violence and dedicate our efforts to supporting survivors and creating a province where everyone has the right to live in safety and with dignity. This is work that we are committed to do, work where we have made real progress and meaningfully changed lives.

In 2020 and 2021, our government dedicated $20 million to funding community-based emergency sexual assault services. This year we made that funding dedicated and predictable. We did this because budgets are about choices and priorities, and we chose to prioritize funding these core services.

I want to tell a few stories about the kinds of services and supports that this funding has created and protected. In Port Alberni, survivors needing medical attention after a sexual assault used to have to navigate care on their own, but the creation of a sexual assault response program by the Sage Haven Society means that survivors can access support 24-7.

Last year, over about a four-month period, when a sexual assault response team was established, 15 survivors, all women, were accompanied to the hospital and received care and personal support. This is more trips to hospital for forensic exams than the entire previous year in the community. It’s not because there was more violence, but instead, more survivors sought help because supports were there and available for them. All but four of these women were Indigenous. Only three had a friend or family member present, and that means that without the team, the survivor would have navigated care and undergone the forensic examination alone.

This incredible service by Sage Haven Society is what survivors in Port Alberni deserve, and they did not have it under the previous government. In Kamloops and Salmon Arm…. The sexual assault response teams in these communities hired more people so that support is there 24-7 for hospital accompaniment, crisis support and other essential referrals — 24-7 because sexual assaults don’t happen between nine to five.

For 13 years, the services were not available in Kamloops due to the cuts made by the B.C. Liberals. Thirteen years. Can you imagine how many people experienced violence throughout those years? Now imagine what it meant not to be able to access the services they needed. People who experience violence, who are low income, who face systemic racism — people already facing barriers to accessing services — were left to navigate on their own. A hundred percent of dedicated funding was cut overnight in favour of tax breaks for those who needed it least, and survivors of gender-based violence were left without the care they needed.

I want to tell you about the Victoria Sexual Assault Centre. In 2016, the Victoria Sexual Assault Centre worked closely with nurses and local police and built Canada’s only integrated sexual assault clinic, where many survivors can access medical care, emotional support and options for police reporting without ever going to the hospital or police station. But they were only able to keep it open by fundraising and relying on grants from 11 different funders. That’s where we came in.

Key services were either not funded at all or with unpredictable grants, leaving trauma-informed supporters perpetually at risk. Our government fixed this. We made historic investments in communities, because front-line service providers, First Nations and community organizations know what the people they serve need. For the first time in two decades, services like this will be funded for the essential services that they are, because that’s what survivors in communities in B.C. deserve. This is what this side of the House believes.

A commitment to this work requires us to fight the historic and persistent colonialism, racism, ableism, homophobia, transphobia and poverty that mean that some women, girls and gender-diverse people are disproportionately targeted with violence. For the parliamentary secretary for equity, this means working alongside the parliamentary secretary for racism. It means listening to and learning from the expertise of community and survivors on what they need.

[10:55 a.m.]

It means creating an Indigenous victim service worker program in Prince George, Campbell River and northern Vancouver Island to create safe pathways for Indigenous survivors of all genders that break down barriers, including Indigenous-specific racism entrenched within the systems of health care and justice.

For the Stó:lō Nation, the sexual violence response team provides training sessions to community members and front-line staff so that survivors can connect with somebody they already know and have a relationship with. Team Gooze, in the Lake Babine Nation, provides services to address the realities of physical, sexual and economic violence experienced by communities as a result of ongoing expressions of colonialism. In 2021, the team responded to 350 calls for support.

Just last week our government awarded more than $5 million to the B.C. Association of Aboriginal Friendship Centres to support our response to the inquiry into the murdered and missing Indigenous women and girls. There is work underway to address sexual assault and support survivors that expands across government, from forensic exams in the Ministry of Health to prevention and awareness in the Ministry of Advanced Education, from dedicated funding in the Ministry of Public Safety and Solicitor General to work to protect survivors from non-consensual disclosure.

C. Oakes: Safety is one of the most fundamental needs of human existence, yet every single day the physical, emotional and mental safety of individuals is stripped away in the very places that they should feel most secure. As our province marks Sexual Assault Awareness Month, it’s critical not only that we stand up and call out this significant issue in our society but that we work together every single day to bring an end to sexualized violence in our community.

I think it’s also critically important that we correct misinformation that sometimes is here in the House. I would like to correct and clarify for this House some of the member’s statements that she has made. In fact, in 2017, the B.C. Liberals committed more than $70 million per year in the prevention and intervention services and programs that benefited victims of domestic violence and other crimes.

This included support to more than 160 community-based victim service programs and about 250 programs that provided counselling and outreach services to women fleeing violence in their relationships and children who witness abuse. Other examples are 94 Stopping the Violence counselling programs, 55 outreach services, 86 Children Who Witness Abuse programs. The list goes on and on, including 830 spaces at transition house services for support and 250 short-term shelter spaces to help women and children affected by violence.

This is critical because one in three Canadian women will experience sexual violence during their lifetime. In 2019, Statistics Canada found that one in ten female students were sexually assaulted in a post-secondary setting in that year. The statistics also revealed that the majority of students, 71 percent, at Canadian post-secondary spaces either witnessed or experienced sexual violence in 2019. Just let that sink in. Seventy-one percent of students experienced or witnessed sexual violence in a period of only one year. That should stop all of us in our tracks and make us want to do more.

I was proud to be part of a government that passed the Sexual Violence and Misconduct Policy Act, which was critical in acknowledging the prevalence of sexual and gender-based violence in post-secondary spaces. That was just the beginning.

I also want to acknowledge the government for the work that they did when they came into government in 2017, by going out and consulting for several years on steps that need to be taken. I think it’s critical that we release that report. It shouldn’t be a secret. We should clearly understand the steps that were addressed through that consultation process that need to be moving forward.

I’ve heard from student societies such as the UBC Graduate Student Society that a universal definition of “consent” is critical, as the lack of a standard definition currently contributes to the accessibility of unwanted sexual advances and maintains barriers for survivors.

[11:00 a.m.]

Not only is it important to ensure that policy is in place, but we need increased funding to address sexualized and gender-based violence on campuses. Over the past four years at UBC alone, visits to their sexual assault support program have increased nearly 300 percent. The result is that the school is absolutely stretched to their limit and have even had to ask students for a fee increase to cover costs.

[Mr. Speaker in the chair.]

The challenge is that not every post-secondary institution has the capacity or the resources to provide the necessary trauma-informed, survivor-centric support services. If we are going to take meaningful action and put in place the types of supports that we need on post-secondary institutions — we all know that we’ve seen such a considerable increase in sexualized violence through the pandemic — then real steps are going to be needed.

That’s why every month, and not just awareness month, we must shine a light and work towards creating change. We must continue to stand up with our communities and support those in need.

B. Bailey: Thank you to the member opposite for her words. I have no doubt that the member shares our concerns for survivors, but it’s not what the record of her government indicates, when 100 percent of dedicated funding was cut overnight and other services were pushed to rely on insufficient grants.

This is not about saving money. Without proper wraparound services and support, injury and trauma associated with sexual assault have serious and long-term impacts on the emotional, physical and mental health of survivors — survivors who are mothers, aunties, parents, friends, businesswomen, cornerstones in their communities.

Estimated costs of sexual assault in Canada are more than $4.8 billion — costs to the health care system, costs of lost productivity and educational opportunities, costs that include $188 million in future lost wages and another $18.4 million in losses to employers.

We know that sexual violence also impacts survivors’ finances. Counselling services can cost as much as $200 per hour. For a survivor with PTSD who goes once a week for a year, that can cost roughly $9,600, which is, of course, unaffordable for many.

Some survivors may even have to choose between critical counselling services such as these or paying for groceries, school supplies or other essentials. This highlights why it’s so crucial to fund sexual assault services in our communities so that survivors can access affordable care when they need it.

When the B.C. Liberals slashed funding, they hurt survivors and did not help B.C. We’ve invested in sexual assault services and are moving back to dedicated and predictable funding, and we’re just getting started. Our round tables for the gender-based violence action plan brought together activists, service providers, Indigenous representatives and academics. We’ll continue working across government to prevent, address and end sexualized violence in our province.

I want to end on a note to survivors. We believe you. This is not your fault. You deserve care and support.

Over this month, Sage Haven in Port Alberni and IWAV on Saltspring Island shared messages with survivors, and I want to share one here. “One day you will remember how strong you are. On that day, you will take what should never have happened and break it down and remake your life on your terms. There is cause for hope. The world has you in it, and we are all here with hands to help and eyes to watch you flourish.”

Mr. Speaker: The member for Maple Ridge–Mission has a point of order.

Point of Order

B. D’Eith: My point of order was that private member time is non-partisan. I was looking at the time for the opposition’s statement. It has already passed, so I will withdraw.

Mr. Speaker: Thank you, Member. We’ll take it under advisement.

[11:05 a.m.]

All right, Members. Hon. Members, the Chair has been advised that there is agreement amongst the caucuses to undertake the remainder of our private members’ time today in accordance with the order of business prescribed in Standing Order 25, which you will find listed in schedule D of this morning’s order paper.

Accordingly, the House will proceed to the consideration of public bills in the hands of private members. Pursuant to Standing Order 27(1), orders must be taken up according to the precedence assigned to them on the order paper. The first order is Bill M201, intituled British Columbia Transit Amendment Act, 2022, standing in the name of the member for West Vancouver–Sea to Sky.

J. Sturdy: Pursuant to Standing Order 31(2), I request that this order be permitted to stand and retain its precedence on the order paper.

Mr. Speaker: Pursuant to the guidance outlined in Parliamentary Practice in British Columbia, fifth edition, at page 113, the Chair approves the request of the member for West Vancouver–Sea to Sky, made in accordance with Standing Order 31(2), and Bill M201 will stand and retain its precedence on the order paper.

The next order listed on the order paper is Bill M202, intituled Equal Pay Reporting Act, standing in the name of the member for Surrey South.

Second Reading of Bills

BILL M202 — EQUAL PAY REPORTING ACT

S. Cadieux: I move second reading of Bill M202, intituled the Equal Pay Reporting Act.

Here in British Columbia, we have remarkable women and non-binary people who make tremendous impacts in our communities, workplaces, our schools, our families, every day. Their contributions to British Columbia are invaluable, and they are fostering our next generation of leaders.

[J. Tegart in the chair.]

Despite this, women and gender-diverse people in this province and around the world continue to face discrimination and bias. The international movement for women’s rights has been ongoing for more than a century, yet we find ourselves in continual need for advancing gender equality. Inequities such as workplace discrimination, gender-based violence, sexual harassment and a lack of access to free contraception continue to create barriers for women.

Another area, of course, of deep inequity continues to persist in British Columbia, and that’s the gender pay gap. Women in this province are earning 18.6 percent less than men. This is the worst pay gap in Canada. On average, women earn $5.90 less per hour than men, and it’s unacceptable.

The Equal Pay Reporting Act takes a first step in remedying this pay gap by requiring businesses of a prescribed size to report the pay gap between male and female employees. Employers would be required to disclose the mean and median pay to a designated registrar. The gender pay gap must also be published on the employer’s website and on the website designated by the registrar.

Closing the pay gap is a necessary measure for equality and support of our economy. Women in this province have especially shouldered the negative impacts of the COVID-19 pandemic for the last couple of years. The pandemic has highlighted and exacerbated the existing inequalities in this province. During pandemic closures, women were particularly impacted by job losses to their disproportionate representation in service industries; 1.5 million Canadian women lost their jobs in the first two months of the pandemic.

Women also found increased responsibilities, both in the workplace and at home. Being highly represented in care industries, the additional responsibilities in health care and long-term care settings created more pressure and stress in addition to the increased risk of exposure. Women are more likely to perform precarious work, especially women of color and newcomer women in our province. The lack of recognition for their contributions and responsibilities leaves them underpaid and overworked.

We are well aware of the pandemic’s impact on mental health — primarily, as many British Columbians of all genders experienced, financial distress. But women in B.C. were more likely to experience stress, as well as lower confidence about their finances.

[11:10 a.m.]

A Vancity study in 2018 found, compared to women across Canada, women in B.C. had more concerns about their financial health. Almost half of female Gen X’ers and millennials said that money worries make them feel physically unwell and cause extreme emotional stress.

More than ever, we understand the importance of mental health. While all British Columbians are worried about increased inflation and unaffordability challenges, women are especially impacted, as they perform equal work with less pay.

The long-standing unequal distribution of family and child care responsibilities is also exacerbated. A study in 2019 found that Canadian women did 50 percent more unpaid housework than men. Women were twice as likely to spend ten hours a week or more caring for a senior. Societal expectations place the burden of caring responsibilities on women, leaving them to juggle paid and unpaid responsibilities.

When child care facilities and schools had to close due to the pandemic, many women found themselves pressured to balance work and child care. The increased stress of caring for seniors vulnerable to COVID-19 also added to that burden. Because of these increased challenges and pressures during the pandemic, many women left the workforce, citing reasons such as uneven parenting responsibilities, lack of flexibility in their jobs, and layoffs.

Women will play an integral role in our post-pandemic economic recovery, but the current conditions do not foster a welcoming environment for their participation. It’s not only concerning for women’s rights but also for the sake of our economy here in British Columbia.

As we face a labour shortage, the majority of small businesses in B.C. are struggling to find enough staff. In the next ten years, it’s forecasted, we’ll have another one million job openings to fill. Eighty percent of these openings will require post-secondary education or training, so it’s essential that we have skilled talent in this province to ensure a thriving economy and B.C.’s future as an economic leader. This, however, will not be possible if half the population is unable to achieve equal participation.

Women in this province are surpassing men in obtaining post-secondary degrees. According to Statistics Canada, 56.4 percent of post-secondary graduates in 2019 were female. Every year more than 40,000 women graduate with post-secondary degrees in this province. They graduate with high expectations for their futures, and rightly so.

When female graduates in this province are outpacing male graduation rates, it seems like we’re starting to move in the right direction. But unfortunately, they’re still underrepresented and underpaid. The average annual salary for a woman with a bachelor’s degree in British Columbia is $62,000. The average salary for a man with a bachelor’s degree is $86,000. This $24,000 difference is both astounding and unfair.

This legislation is a clear signal that this is no longer acceptable in this province and that women can and should expect equal pay for equal work. Women and gender-diverse people must receive the respect, recognition and pay that they deserve. Without these conditions, we’ll see our economy lose out on incredible talent.

Our female graduates want to work in B.C. But they know they won’t receive the compensation they deserve, so they might move somewhere else, where that gap is smaller. Taking action on the pay gap means we’re doing what’s right for our communities, our economies and women.

It’s also pertinent to highlight that the pay gap affects women and gender-diverse peoples in British Columbia in different ways. The intersectionality of experiences means that other identities, such as race, disability or gender identity, often mean some women are facing an even larger pay gap. According to Statistics Canada, in 2016, racialized women earned an average of 33 percent less than non-racialized men. That’s 67 cents on the dollar.

Indigenous women face a 35 percent pay gap, and women with disabilities, a 46 percent pay gap. According to a 2011 survey, about half of transgender individuals earn $15,000 less per year, despite 71 percent having some level of post-secondary education. An American study shows the average earnings of a transgender woman decreases by a third after she transitions.

Here in British Columbia, diversity is our strength, but in order to embrace the full benefits of a diverse society, we must uplift the identities and champion equality. Through legislating pay transparency, we can encourage businesses in B.C. to close the gap.

[11:15 a.m.]

By making visible the biases that exist in our workplaces, businesses will be better able to understand what gaps exist in their teams and in their hiring processes. Hiring managers and business owners don’t intend on paying women less because they’re women. Unconscious bias, however, still results in women being underappreciated and underpaid for their contributions. For example, women face stereotyping. They face more stringent and challenging job-performance evaluations, while men are often given alternative explanations of external factors for poor performance.

Direct gender-based discrimination in pay has been illegal since 1953, but the little data we have demonstrates that the gap exists. Our current tools don’t allow us to fully understand the pay gap, which makes it difficult to monitor and enforce pay equity.

We currently have a complaint-based model, and it doesn’t require companies to take responsibility over unconscious bias and discrimination. Women cannot make complaints if they don’t know how much their male colleagues are making in comparison. People watching today may be aware of the outdated notion that workers aren’t supposed to discuss their salaries with each other. It’s a critical lack of information that keeps women in the workforce from arguing for and getting better wages.

Imagine the impact of legislation — the impact it could have if female workers were suddenly able to go online and figure out if they were being paid less than their colleagues. Better yet, what are the chances that an employer would underpay their female workforce if they knew that data would be out there for the public to see?

According to West Coast LEAF: “The current complaint-based system places the onus of ensuring equal pay for work of equal value on individuals and unions, rather than on employers, to bring forward a complaint and spend their limited resources to pursue lengthy litigation.” In order to achieve true gender equality, women can’t be the only ones working towards equity. The current system transfers the responsibility of the companies to the workers.

It empowers women to advocate for themselves, but pay transparency gives women the tools necessary to negotiate for equal pay. Currently companies hold the upper hand in salary negotiations, leaving many women from marginalized communities with less than what they deserve. With pay transparency, women, male colleagues, allies, companies can work collectively towards pay equity.

We know it works because it’s been implemented for public servants in our province since the ’90s. One study looked at the salary disclosure lists for university faculty members and found the wage gap narrowed between 30 and 40 percent after pay transparency was legislated for public sector wages.

This bill will ensure that our province finally takes a step towards gender equity and falls in line with the rest of the country. Similar measures have already been implemented in other jurisdictions across Canada. The federal government is the most recent to embrace it, having passed the Pay Equity Act last year. Federally regulated workplaces with more than 100 employees are now required to publicly disclose wage gap data for women, Indigenous people, persons with disabilities and members of visible minorities.

In 2019, Ontario introduced pay transparency legislation, which requires employers to include a salary range for publicly posted jobs and prohibits employers from punishing employees for disclosing compensation.

British Columbia is one of four provinces left without pay equity legislation, and the impact is clear. The bottom four provinces with the largest pay gaps are those without legislation. It’s time we support this basic measure for women’s rights.

The legislation I am proposing is based on the United Kingdom’s gender pay gap regulations, which came into force in 2017. Since then, private sector firms and public sector organizations with more than 250 employees have been required to report the gap between male and female employees. The legislation has been successful in the U.K. over the past five years because it pressures companies into taking action on closing the gap. Pay discrepancies between men and women are posted online once a year, which allows people to see the company’s pay gap performance.

Understandably, women avoid working in companies where they know women are being paid less. It means companies must take time internally to reflect on their pay practices and to take necessary measures to close the gap. The legislation creates incentives for companies to close their gap, because they want to remain competitive for recruitment and retention of workers.

[11:20 a.m.]

Another example of how pay transparency legislation is being put into action is the public naming and shaming of companies that aren’t fulfilling their pay equity obligations. The Gender Pay Gap Bot is a Twitter account created by Francesca Lawson and Ali Fensome, both 27, from Manchester. The Twitter account was programmed to use the data that would be made public by the legislation to tweet out employers’ gender pay gap information.

This year their Twitter account went viral, rising to more than 120,000 followers by tweeting call-outs to companies with information about their hourly median gender pay gap. To quote Francesca Lawson: “You can’t say that you’re doing really well for equality if you’ve not got the numbers behind you to support it. We don’t want to see nice headshots of your female employees. We don’t want to see panel discussions that you’re running. We want you to tell us how you’ve identified your problems, what you’re doing to fix them, and if you have something to shout about, if you’re doing really well, well, show us the data.”

The results of the UK legislation is proof that this bill is an effective approach to closing the gap. There are many barriers that we must address to ensure the full and equal participation of women in the workforce, but this is a necessary first step. We can’t expect women to continue to work for less.

When I originally introduced this bill in 2019, the legislation required companies of 50 or more employees to report their gap. We received feedback that the legislation would not be effective because only 2 percent of companies in B.C. have more than 50 employees.

Based on the feedback, this proposed legislation states that businesses of a prescribed size will be required to report their gender pay gap. This means that the threshold for reporting can be determined by regulation rather than legislation.

It is worthwhile to mention, however, I believe, that while organizations with more than 50 employees make up only 2 percent of our companies in British Columbia, these companies employ nearly half of B.C.’s workforce. The impact of legislation would therefore be fairly widespread in the province, and it builds upon the existing legislation that requires pay transparency in the public sector.

It’s also important to emphasize that it’s just the first step. There are lots of other barriers to equal pay and representation for women in the workforce, but equal-pay legislation is the foundation for action. If we allow present trends to continue, it will take us 267.6 years to close the gap worldwide. I know none of us want to wait ten generations before women are able to receive the recognition they deserve.

This is the fifth time that this bill has been introduced in the House. While we wait to take action, women in the province lose an average of $5.90 per hour. It’s time to shine a light on pay inequity in the province and make a change. B.C. women and gender-diverse people deserve it.

Thank you for the time.

J. Routledge: I appreciate the opportunity to be able to speak to this proposed legislation today.

I want to start by thanking the member for Surrey South for her years of service to this place and to our province and for her commitment to gender equity and to accessibility. I am wishing her all the best in her next role. I know we and all of Canada will benefit from her next role.

I had a chance to be at an event with her and the member for Cowichan Valley last week. As the member for Surrey South put it, we all have a lot in common. One of those things is a belief that women deserve to be fairly and equitably paid for their work.

As many of us in this House know, too many women in B.C. are still making less than men, a pay gap that has many causes: historic and systemic barriers to types of employment and higher-paying positions; the persistent gap of unpaid labour and care work, both in the workplace and outside the workplace; the historic undervaluing and precarity of the care sector, including professions such as early childhood educators, health care aides, those in environmental services and so many more; and blatant discrimination.

[11:25 a.m.]

We know the gap is not just about gender. The pay gap is racialized, and it’s larger for Indigenous women and racialized women. We know wages are lower amongst those with disabilities, and newcomers to our community. The pay gap impacts on other aspects of gender equity. Vulnerability to violence and ability to leave unsafe homes or situations can depend on financial resources and economic opportunities. Ability to participate in public life and leadership can also depend on income and the financial resources of those around you.

As a lifelong advocate for gender equity, I am dedicated to working towards closing the gender pay gap by addressing systemic discrimination in the workplace. Pay transparency will be a key tool in this work.

I think that everyone here knows that, unfortunately, in 2022, systemic discrimination in the workplace continues to be an issue in B.C. Public transparency will help us shine a light on this discrimination and the persistence of wage inequity. We can add the carrot to this stick by seizing the opportunity to celebrate successes and elevate leaders who are not only publicly sharing their wage gaps but are working to address them.

We know the majority of part-time and lower-paid workers are women. They are often mothers, grandmothers and aunties who are responsible for looking after their families and communities, and many of them continue to face barriers in the workplace. Working towards equal pay for equal work and to ending systemic discrimination in the workplace is important to our communities and to our economy and is something we are committed to addressing through legislation.

I appreciate the member for Surrey South’s efforts and her sincere commitment to this important issue. I know that we can use some of the good work the member has done as we head into consultations on pay transparency legislation this spring.

We will, however, be taking a much broader view. We know that Indigenous women, racialized women, two-spirit people and non-binary and transgender people also face barriers in the workplace and economy that others do not. We know that a pay gap exists for those with disabilities and that accessibility in the workplace is essential. We also know that newcomers face discrimination and barriers to economic opportunities.

The Canadian Women’s Foundation estimates that Indigenous women working full-time, full years, earn 65 cents for every dollar earned by non-Indigenous men. Other estimates: women of colour, with earnings at just 64 percent of men’s. And while we have less reliable numbers, estimates suggest the gender gap for trans people is between 32 and 40 percent. We must include them in this work.

We need to hear from a variety of groups and individuals so that we can build pay transparency legislation that will help us address pay inequity and move towards equality for everyone. We are also looking at other jurisdictions to learn what has worked well in achieving these objectives. As we work towards legislation, we need to make sure it works for B.C. and aligns with existing employment and labour legislation. Our goal is to introduce the legislation in a way that minimizes the administrative burden of new reporting requirements as much as possible.

We know that systemic barriers cannot be broken down by legislation alone. The gender pay gap is caused by multiple systemic factors, which is why we are taking a comprehensive approach to working towards closing the gap. In addition to our mandate commitment to introduce pay transparency legislation, we have taken other steps towards closing the pay gap. This has included making historic investments in child care, so that no parent is forced to choose between their career and their family, because we know that far too many British Columbians have not been able to find child care they can afford.

[11:30 a.m.]

This will also help address the overrepresentation of women in part-time work. For the few that needed reminding, the pandemic was a loud and life-disrupting reminder about the role of child care in our work lives and in our economy.

We are providing wage enhancements for early childhood educators to help to address the wages of a workforce that is disproportionately composed of women. This is tangible action to address the pay gap, support our child care investments and address historic undervaluing of care work.

Raising B.C.’s minimum wage. Sixty percent of wage earners are women, and half of minimum-wage earners are over the age of 25, so this is something we’ve done to close the pay gap. That is a significant amount of our workforce, and raising the minimum wage not only changes the lives of families but also has a significant impact on our communities and our economy.

We raised liquor server wages to meet the minimum wage for workers in the industry, 80 percent of whom are women. Two decades after health care support workers were laid off and forced into lower-paid jobs, we have brought them back into the health care system. These workers provide cleaning and food services — essential health care services. These workers are disproportionately racialized women. This is an action on the gender pay gap that must go alongside transparency legislation.

We are also investing in skills and jobs training initiatives to open new doors to high-paying and in-demand jobs, including extra support to get women into good-paying trades jobs through community benefits agreements and opportunities in tech through the Canadian tech accelerator program and the innovator skills initiative program. Provision of upscaling and micro-credentializing, improved transit and transportation infrastructure, as well as working to close the digital divide, are also critical to allow people to participate in the labour force.

Doing our part in government to increase the number of women holding good-paying positions within the public service and within the Crown agencies and boards that support government priorities. Women on public sector boards have increased to more than 51 percent, more than a 23 percent increase, since 2017.

I want to thank the member for her dedication and hard work on this issue.

I want to assure this House of our government’s commitment to continue making progress to close the gender pay gap and remove barriers that women in British Columbia face in the workforce.

S. Furstenau: I’m truly delighted to rise to speak to Bill M202 today. I want to speak a little bit first about what we’re doing and how we got here, because I think that that’s an important part of this discussion and this debate today.

We are debating a piece of private member’s legislation that was brought forward by a member of the opposition, the member for Surrey South. She has been persistent in her efforts to bring this forward. I don’t know exactly how many times, but several times she has introduced this piece of legislation to this House. It’s never been debated. In fact, it’s incredibly rare for private members’ legislation to be debated, partly because we don’t even have a designated time that we would typically have debate of private members’ legislation, unlike many legislatures across this country and the federal parliament.

Why is it important that we have private members’ debate of legislation that’s brought forward? Because it makes the Legislature more representative of the people that we serve, of the people who have elected these 87 members to this House. As was indicated by the Premier in his mandate letters, we should be considering good ideas from all sides, but in order for us to consider good ideas from all sides, we actually have to have the processes to make it happen. We have to have the space to make that happen. Debating this private member’s bill is an example of that kind of approach to the Legislature.

[11:35 a.m.]

All-party committees. Something that the interim Leader of the Official Opposition and I worked very hard to make happen: the all-party Health Committee on the toxic drug poisoning crisis. These are examples of steps that actually strengthen the work, strengthen the democracy, strengthen the representation in here, because of course, the people of British Columbia voted not just for one political party or one aspect of representation. They voted for a plurality.

This is really important — that we recognize the value of this kind of debate of legislation that’s brought forward by opposition members. On that front, I think it’s also really important at this point to identify that what people need to see more of from us, as their representatives, is less finger-pointing and more collaboration. I’m really delighted at the collaboration that got us to this point today to have this debate, and I look forward to deepening that amount of collaboration that happens in this building.

The Equal Pay Reporting Act, M202. As we’ve heard from the previous speakers, there’s a lot of data and a lot of information about ways in which we do not have equal pay in B.C. and, indeed, in many parts of our country. There are other acts that exist, however.

At the federal level, there’s the Pay Equity Act, which received royal assent on December 13, 2018. The purpose of that act was to create a proactive pay equity regime within the federal public and private sectors to ensure that federally regulated workplaces provide equal pay to men and women for work of equal value.

On July 7, 2021, Canada announced that it would bring the act and the supporting pay equity regulations into force as of August 31, 2021. It’s quite interesting. I’m sure that you share some of this retrospective. As somebody who was born in the 1970s — early 1970s, to be exact — I grew up in this atmosphere of extraordinary women and men who conveyed to me throughout my childhood that I could be and do whatever I want, that I was not limited because I was a girl or a woman. I had this expectation that I was growing up into a world that would become increasingly more equal.

Unfortunately, as we see from the data that we’ve heard about today, that’s not the case. We seem to have stalled out a little bit on the equality front, on many levels — when the member for Surrey South indicated it would take, at the rate we’re going, 267.6 years to close the pay gap, to get there. This is not the story I want to tell to my daughter or my stepdaughter or my sons. It’s not just about how gender inequity affects women and trans people. It affects all of us. An unequal society is harmful to all of us.

There are six Canadian provinces — Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, Ontario and Quebec — that have enacted specific pay equity legislation. Saskatchewan, Newfoundland and British Columbia have not enacted pay equity laws but have developed policy frameworks for negotiating pay equity within some specific public sector employees. Only Alberta has neither passed pay equity legislation nor developed a pay equity negotiation framework.

[11:40 a.m.]

Manitoba passed pay equity legislation in 1986. PEI passed pay equity legislation in 1988, New Brunswick and Nova Scotia in 1989 and Quebec in 1996. In 2001, B.C. convened a task force to review the pay equity issue, and the task force proposed sectoral studies should be undertaken to support a voluntary pay equity process. The government of B.C. has indicated that it’s currently formulating a response to this 20-year-old report, as we heard a little bit from the member opposite, and on March 8, 2022, the government announced they would undertake consultations on pay transparency.

We heard quite a bit about this — consultations and a pay transparency act and minimizing disruption. But here we are. It’s 2022, and what we need from government is to say: “It’s our responsibility to ensure that the conditions for equality exist in legislation, are enforced in regulation and are the ultimate expectation of every business, industry and corporation operating in this province.” That’s where we need to start.

I truly wonder what we could be consulting on at this point. What question are we asking? Should we have pay equity? Is it time for pay equity? What are the barriers to pay equity? How do we create pay equity? What we should actually be doing is saying: “This province is going to bring in legislation and regulations to ensure that there is pay equity.” I honestly don’t know what we could be debating at this point.

This brings me to the bigger question of the role of government, of the role that we would want government to see itself playing, which is, ultimately, to create the conditions in our society, in our province, in which people can thrive, in which businesses have a clear understanding of the expectations on them but also have the things in place that help them to thrive. Good public transportation, child care — 100 percent agree. This has been a joint commitment and initiative.

To really be asking the question now…. Wow, we really have to go out to the public and have this conversation about pay equity. I’m stymied. I truly am stymied.

Let’s go back to some of those statistics. On average, women in British Columbia earn 32.4 percent less than men annually. Our province has one of the highest gender pay gaps in Canada. Indigenous women face a gender pay gap of 57 percent. For women with disabilities, the gap is 46 percent. For immigrant women, 39 percent. For racialized women, 32 percent.

Despite the fact that the B.C. human rights code prohibits pay discrimination on the basis of sex, gender identity and gender expression, many women and gender-diverse people in B.C. earn less than men for comparable work. The pay gap is even worse for people who experience intersecting forms of marginalization. For example, university-educated, racialized women earn, on average, 12 percent per year less than similarly educated white women.

The onus is currently on individual workers to initiate a complaints process with the B.C. Human Rights Tribunal if they’re experiencing pay discrimination. The process is lengthy and expensive, and the burden of proof is largely on the employee. This is another example where what is and has been identified as a systemic issue…. The burden of resolving that systemic issue is put onto individuals. We know that that is not an effective way of addressing systemic issues.

[11:45 a.m.]

[Mr. Speaker in the chair.]

Hon. Speaker — I see the Speaker has come to the seat — I am very happy, after all of the years and all of the introductions of this piece of legislation and its passing at first reading over and over again, that we’re finally on second reading of this piece of legislation.

I very much look forward to seeing this debated through — that we aren’t just doing this for today, that it’s not just a little bit of a demonstration of what is possible but that we actually debate this bill right through. That would be demonstrating what we are capable of and, in fact, should be striving for: good ideas, from all sides, being debated, talked about, discussed and, ideally, passed in this Legislature.

I’m looking to you, hon. Speaker. Are you wanting us to adjourn at this point? Or is there time to go?

Mr. Speaker: You still have time, Member, if you want to continue.

S. Furstenau: All right. I do expect there will be other speakers ready to speak to this, should that be the case. I look to my colleagues to move.

On that, hon. Speaker, I want to express my appreciation to the member for Surrey South for her persistence and her commitment to this issue and, indeed, to the important issue of pay equity.

It is the province that we should be striving for. It is the future we should be shaping, absolutely. It is the promise we should be keeping, which was made to us when we were children. It has not yet been fulfilled, but it can be fulfilled and should be fulfilled in this generation and in this Legislature.

S. Furstenau moved adjournment of debate.

Motion approved.

Hon. L. Beare moved adjournment of the House.

Motion approved.

Mr. Speaker: This House stands adjourned until 1:30 p.m. today.

The House adjourned at 11:47 a.m.