Third Session, 42nd Parliament (2022)

OFFICIAL REPORT
OF DEBATES

(HANSARD)

Tuesday, October 18, 2022

Morning Sitting

Issue No. 230

ISSN 1499-2175

The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.


CONTENTS

Routine Business

Introductions by Members

Introduction and First Reading of Bills

Hon. S. Robinson

Statements (Standing Order 25B)

R. Merrifield

N. Sharma

K. Kirkpatrick

H. Yao

J. Sturdy

R. Leonard

Oral Questions

K. Falcon

Hon. M. Farnworth

S. Bond

Hon. M. Rankin

S. Furstenau

Hon. K. Conroy

M. Morris

Hon. M. Rankin

M. de Jong

Tabling Documents

Draft notice of directive to the criminal justice branch of the Ministry of Attorney General regarding adult prolific offenders

Orders of the Day

Committee of the Whole House

P. Milobar

Hon. S. Robinson

Report and Third Reading of Bills

Second Reading of Bills

Hon. M. Rankin

M. de Jong

K. Paddon

Hon. N. Simons


TUESDAY, OCTOBER 18, 2022

The House met at 10:03 a.m.

[Mr. Speaker in the chair.]

Routine Business

Prayers and reflections: K. Kirkpatrick.

Introductions by Members

Hon. A. Dix: This morning members on both sides of the House got a briefing and presentation from the College of Physicians and Surgeons. We want to welcome to the House, on behalf of all members, Dr. Heidi Oetter and Dr. Anne Priestman — Dr. Heidi Oetter is the registrar and chief executive of the College of Physicians and Surgeons, and Anne Priestman is the chair of the board; along with their team Susan Prins, Doug Cheng and Cortney Wiebe.

[10:05 a.m.]

We received, I think, a very good presentation together over breakfast — answered a lot of questions that members had. I ask members on all sides of the House to wish our guests welcome.

Hon. B. Ralston: Joining us in the members’ gallery this morning is His Excellency Bořek Lizec, the Ambassador of the Czech Republic to Canada. He is joined by Ms. Lenka Storzer, the honorary consul for the Czech Republic in Victoria. His Excellency is here on his first official visit to British Columbia. I will be meeting with him later this morning. This afternoon he will be meeting with the Minister of Jobs, Economic Recovery and Innovation, with the Minister of State for Trade and with you, Mr. Speaker.

Will the House please make them feel very welcome.

C. Oakes: Joining us in the members’ gallery today are a number of people. First, I would like to recognize that we have individuals from my riding of Cariboo North. We have Rick Wittner, who is the president of the Placer Miners Association of British Columbia.

He also sits on the chamber of commerce in Quesnel. Rick does a fantastic job in all of these roles. I think it’s important that, as we recognize Small Business Week, let’s also recognize the good work that chambers of commerce do across the province of British Columbia.

Joining him is Jackie Sarginson. Jackie is my CA. She is such a compassionate, caring individual to have in our constituency office. We know how important our constituents are, and to have somebody of such extraordinary calibre sure makes my life a lot better. Lots of hugs up to my incredible CA up there.

Finally, I see that all the students are back today — the Alliance of B.C. Students is back — meeting with members in this House. This week is Student Advocacy Week.

Thank you for the incredible work that you do, and I hope everyone has a great week.

Hon. M. Rankin: Today I have two sets of introductions. First, I would like to introduce Daniel Boisvert and Chad Rintoul. Daniel is the president of the B.C. Notaries Association, and he has a notary practice in South Delta. Chad is the executive director of the B.C. Notaries Association. Both of these individuals are very active in their communities. How do I know? It’s because Daniel was just elected on Saturday as a city councillor in Delta, and Chad was elected as a city councillor in Sidney.

Would the House please join me in making them feel welcome.

I would also like to make a second introduction. Today I have two of my administrative staff from the office of the Ministry of Indigenous Relations and Reconciliation with us. Marshall Scott-Bigsby and Erica Greenup are with us. Marshall and Erica have been working in my office since June. They’ve done a great job in supporting our office in these last few busy months — also, of course, to join Connie Roberts, the amazing administrative assistant who has been with us in this Legislature for 32 years.

Will the House please join me in making them welcome.

R. Leonard: Joining us today, watching on the television, is my brother. It’s a very exciting day. October 18 is his birthday. I’ve recognized him in the House earlier in a statement around his journey with getting a double lung transplant. Today he celebrates his 65th birthday, and he’s alive today to celebrate it. He’s alive today to pick up his brushes and paint again and have a whole new chapter in life.

I hope that the whole House will join me in wishing him a sincere and wonderful 65th birthday.

Hon. K. Conroy: I’m pleased to welcome two people to the gallery today: Steve Kozuki, the executive director, and Aleece Laird, the communications liaison, for the Forest Enhancement Society of B.C.

Both Steve and Aleece are really passionate about the work of FESBC and the work that it does to advance the environmental and forest resource stewardship of our province. The FESBC is in partnership with the provincial and federal governments, and they have supported over 263 projects, valued at $238 million, in this province alone.

I want to thank you, Steve and Aleece, for all your hard work.

Will the House please join me in welcoming them.

[10:10 a.m.]

N. Letnick: In the precinct today and joining me for lunch is my CA, Ian Robinson. He’s brand-new, the first time in Victoria, the first time in the precinct.

Would the House please make him feel very welcome.

Hon. S. Malcolmson: Joining the Legislature, here in the gallery, are doctors Lesley Lutes, Simon Elterman and Erika Penner, all of the B.C. Psychological Association and representing, also, UBC Okanagan. They are working with my ministry to build out services for people. I’m grateful that they’re here.

I. Paton: I was trying to decide or see if my good friend Daniel Boisvert, a well-known notary in Delta South, was here today, but the Attorney General beat me to it.

Daniel Boisvert, welcome.

I want to say, as the Attorney General did say, that Daniel just got elected for his first time on Delta city council along with his entire slate and mayor George Harvie. So congratulations to Daniel and his entire slate of six councillors and the mayor, who all got elected a few days ago.

G. Lore: Joining us today are students from the Pacific School of Innovation and Inquiry. They’re joined by their teacher, Harry Brown.

I ask my colleagues to please help me make them welcome to this House.

D. Clovechok: Today, in the gallery, in the precinct, I want to make welcome just an amazing public servant, Mayor Don McCormick of the city of Kimberley, who is also on the board of the Columbia Basin Trust. He’s here to meet with ministers, with the vice-chair of the regional district of East Kootenay.

If you wouldn’t mind helping make him welcome, that would be great.

Hon. K. Chen: I am happy to welcome Dr. Fred Bemak and Dr. Rita Chung from George Mason University, who are well-known scholars and experts on refugee research. They’re the founders of Counselors Without Borders, and they provide critical mental health support to refugees and people in need across the world. They’ve travelled extensively since 1980 and really provided research and direct service in war zones, in disaster situations.

They are here accompanied by some other really outstanding scholars from Simon Fraser University, from my community.

I ask the House to please make them feel very welcome.

M. Elmore: I’m very happy to welcome some good friends joining us here today, Rica and Ferdie Taroy. They’re well-known, well-respected community leaders with the Rot-warai association, successful small business owners. They own Joyeaux Café.

They’re here with their cousin Victoria Basiliadis, with their friends Gordon Peers and Kevin Pradela and also their friend of many years Angelina Reyes. A special happy birthday to her. She’s celebrating her 71st birthday and looks great.

I ask everybody to please wish Angelina a happy birthday and to please make everyone very welcome.

A. Olsen: I rise to introduce a constituent of mine, the CEO of the British Columbia Notaries Association, Chad Rintoul. Chad is also a newly re-elected member of the Sidney council. I’d just like the members of this House to make Chad feel very welcome.

Introduction and
First Reading of Bills

BILL 35 — INCOME TAX
AMENDMENT ACT, 2022

Hon. S. Robinson presented a message from Her Honour the Lieutenant-Governor: a bill intituled Income Tax Amendment Act, 2022.

Hon. S. Robinson: I move that the bill be introduced and read a first time now.

I’m pleased to introduce the Income Tax Amendment Act. The purpose of the bill is to provide a temporary increase to the renamed B.C. family benefit.

B.C. family benefit payments will be increased for the first three months of 2023 to help lower- and moderate-income families make ends meet. As a result of the extra support in this bill, families with one child will be able to receive up to an additional $175 and up to an extra $350 for a family with two children. Seventy-five percent of families in British Columbia will receive full or partial benefits through these enhanced payments. These payments will be provided automatically. So families do not need to apply for them.

[10:15 a.m.]

The bill also renames the credit from the child opportunity benefit to the B.C. family benefit. This new name better reflects who benefits from the tax credit and will ensure people are able to recognize it when they receive it.

This temporary enhancement to the B.C. family benefit is one of government’s next steps in helping people with the current cost-of-living challenges we are facing because of global inflation.

Mr. Speaker: Members, the question is the first reading of the bill.

Motion approved.

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

Bill 35, Income Tax Amendment Act, 2022, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

Statements
(Standing Order 25B)

PERSONS DAY AND WOMEN’S RIGHTS

R. Merrifield: What I’m doing today, rising and speaking in this House, would have been unthinkable and simply unacceptable in Canadian society 100 years ago.

However, today I am pleased to rise in this House to acknowledge Persons Day in honour of the Famous Five, whose sacrifices, hard work and determination helped pave the way for progressing women’s rights, which women benefit from today. Persons Day marks the landmark court case which saw women being considered persons, giving them certain rights, such as the ability to participate in public life.

The Famous Five — composed of Emily Murphy, Nellie McClung, Louise McKinney, Irene Parlby and Henrietta Muir Edwards — showed generations of women, including myself, that there’s no greater reward than fighting for what you believe is right. Their legacy lives on as we take this day to mark the fight that brought women here. The Famous Five and their struggle for rights also remind us that there is much work to do. In fact, the Persons case landmark ruling exempted Indigenous and Asian women, who were still not considered persons in a man’s world.

Today, as we celebrate Persons Day and all the efforts put forward by Canadian women to advance the rights of other Canadian women, we also remember that there is work yet to be done, especially to support women that are still facing inequities based on gender, race, sex and abilities. As celebration of this momentous achievement, may we memorialize the Famous Five’s efforts by continuing to stand up and fight for what is right.

COOPERATIVE ASSOCIATIONS

N. Sharma: Today I rise in honour of Co-op Week in British Columbia, taking place October 16 to October 22.

There are about 700 cooperatives in B.C. that contribute $2.7 billion to B.C.’s economy and control more than $48 billion in assets. Two million British Columbians, 40 percent of the population, are a member of at least one cooperative. Cooperatives do business in a way that is good for people. They are democratic, collaborative and work for the greater good by investing in the communities they serve, reducing costs for their members and providing services people count on.

Cooperatives in B.C. are some of the most diverse, creative and successful enterprises in the world. This includes Solid State Community Industries, which incubates cooperatives founded by racialized youth in Surrey, Modo carshare, B.C. Tree Fruits, the B.C. Co-operative Housing Federation, the Kootenay county store cooperative or River Select, an Indigenous fishing cooperative in Williams Lake. These organizations build housing, create jobs, contribute to the economy, promote reconciliation and reduce greenhouse gas emissions.

In July, we invested $2 million in the B.C. Co-operative Association to expand opportunities for people to access the kind of cooperative services they count on, now and in the future. Part of my mandate as Parliamentary Secretary for Community Development and Non-Profits is to support the modernization of the cooperative sector. That is work we are committed to seeing through.

B.C. is known as one of Canada’s most innovative provinces for cooperatives. Thank you to all of our cooperatives across the province that are working for a stronger B.C.

Will the House please join me in celebrating Co-op Week.

CAROLANNE REYNOLDS

K. Kirkpatrick: I first met Carolanne Reynolds in the summer of 2021, at Dundarave beach in West Vancouver, to celebrate an annual event that she began and hosted called RoyalTea-by-the-Sea.

[10:20 a.m.]

When she invited me, I was asked to wear a large hat and to bring my own teacup. As I sat sipping tea, wearing my finest and only English garden party hat, I learned Carolanne was a keen supporter of the British monarchy. She had been hosting the RoyalTea-by-the-Sea since 2000, originally to commemorate the 100th birthday of the Queen Mother.

I had the pleasure of seeing Carolanne in February this year at another event she hosted, called the Heritage Fair, at the West Vancouver Community Centre. Here Carolanne would annually bring together stakeholder groups from across West Vancouver with the purpose of highlighting the importance and value of the richness of West Vancouver’s heritage.

Carolanne was also a dedicated West Van district council watcher and regularly produced a newsletter called West Van Matters, which contained all of the information she thought would be valuable to know. She enjoyed making information accessible and was innovative. Now, when it came to her reading my newsletters, she was quick to point out grammatical errors, and I soon came to understand that I would not take these comments personally, as she was well known for handing out notes to everyone.

Carolanne worked tirelessly for our community, serving on committees, boards, foundations and societies, and this work did not go unnoticed. The district of West Vancouver gave her a heritage award in 2001 and bestowed another award in 2015 for civic commitment.

I saw Carolanne at the West Vancouver Bridge Festival this past June, and we chatted for a few minutes. I said I would reach out to her, but Carolanne Reynolds passed away on July 14 of this year. We lost a community force and treasure. We will always remember her for leaving our community a much richer place.

TIGER GUO AND FUNDRAISING CONCERT
FOR RICHMOND HOSPITAL FOUNDATION

H. Yao: On October 8, I was privileged to be in the audience of a charity concert. The concert was put together to raise money for Richmond Hospital Foundation. The lead musician played his piece intensively on both the piano and a drum set.

I was intrigued when I noticed that the lead musician did not use any sheets of music. I later learned that due to learning challenges, the lead musician had to practice intensively, months before the performance, to memorize the music pieces and to play through muscle memory. The lead musician rehearsed through enough music pieces for a 2½-hour concert. To further add to my amazement, I learned that the lead musician is not a professional musician. The musician’s name is Tiger Guo; he’s a 12-year-old boy with autism.

Tiger wanted to express his deepest gratitude to health care professionals for the support he received over the years. He made it clear that music and support from health care workers are the two greatest factors that kept him going strong. Tiger worked with his parents and with community groups, and reached out to the Richmond Hospital Foundation.

That’s when Tiger, his parents, and his network decided to participate in the Richmond Hospital Foundation’s Trio of Life campaign. Collaborating with local musicians and talents, Tiger Guo and his team successfully raised over $20,000 from the charity concert to support Richmond Hospital Foundation’s Trio of Life campaign.

I’m amazed by Tiger Guo. For someone who is 12-years-old and living with autism, he has dedicated a huge amount of his free time and energy to practice, and he has reached an exceptional fundraising goal. It is his unwavering determination that helped him overcome this challenge with herculean effort. Most of all, he did everything just so he can say thank you to Richmond health care workers.

I, as the MLA for Richmond South Centre, want to say thank you, Tiger Guo, for your dedication and hard work. You make Richmond proud, and you make Richmond a better place for all.

ILSA MORRIS AND CONTRIBUTIONS TO
SEA TO SKY COMMUNITY SERVICES

J. Sturdy: Today, it’s my pleasure to recognize a woman of outstanding generosity and initiative. Ilsa Morris passed away last year. However, the impact she made across the Sea to Sky region will live on.

Born into a German family in Poland, Ilsa survived World War II and the very difficult postwar years. She worked as a translator at the Canadian consulate in Hanover, where she met and married Dr. Harry Morris, a Canadian physician. They returned to Canada, and after initially working in her husband’s practice, she ventured into commercial real estate and began a business that she managed right up until the end of her life.

While much of that is notable, why I felt it important to remember Ilsa here in this House today is that for more than 30 years, without fanfare, Ilsa recognized the challenges faced by women, children and families in the Sea to Sky as she continuously contributed to Sea to Sky Community Services, a local non-profit whose programs and services reach some of the most vulnerable people living in the constituency. Ilsa’s donations helped Sea to Sky Community Services expand their programs and provide new forms of support to those in need.

[10:25 a.m.]

Sea to Sky Community Services initially focused on at-risk children and families, but it has expanded to include residential care, women’s counselling and programs for adults with developmental disabilities, as well as homeless outreach and prevention services.

Ilsa helped to provide operational space for the Sea to Sky Community Services in the Pemberton Valley, which included critically important space for family and community programs; the Pemberton Food Bank; an administration office; and an adjacent second family and community space. She also made available a secure house for women and children fleeing domestic violence. Over three decades, Ilsa quietly contributed more than $1½ million of critical funding to Sea to Sky Community Services.

While I knew Ilsa for a long time, I only learned of all this after her passing. The legacy of Ilsa Morris’ generosity lives on in individuals and families she supported. She changed so many lives for the better. Thank you, Ilsa.

KUS-KUS-SUM PROJECT AND
RESTORATION OF COMOX BAY ECOSYSTEM

R. Leonard: A nationally important bird area, Comox Bay, has long been recognized for its abundant wintering and migratory waterfowl. As the bay gives way to the estuary, you can see ancient fish weirs that fed salmon to many thousands of Indigenous people, reminding us that the First Nations name for this place is K’ómoks, the land of plenty.

Over 20 years ago, archaeology student Nancy Greene, along with her partner, David McGee, brought respect and cultural sensitivity to her study of the K’ómoks people’s weirs. It’s a stark contrast to the history of white settlers who exploited the abundance of the land of plenty in ways that degraded and upset the balance, shrinking a plentiful ecosystem as they took space and culture from the K’ómoks people. Invasive plants nearly took out native species. Industry hardened shores. Even the K’ómoks people’s Kus-kus-sum tree burial site was taken from them.

Many environmentalists have cut their teeth on actions to protect and restore this rich environment. For instance, in the early ’70s, NDP MLA Karen Sanford worked to purchase Hollyhock Flats for the public interest. Decades of relentless volunteer labour removed invasive purple loosestrife so that the endangered native Henderson’s checkermallow could thrive once again.

Today, our government has supported the community in work, spearheaded by Project Watershed, to purchase the Oldfield sawmill site next door to Hollyhock Flats and rebuild what once was a balanced ecosystem. Don’t miss the televised CleanBC ad that features the Kus-kus-sum project.

Honouring the site’s past tree burials, Kevin McPhail and his wife, Petra, joined other volunteers to plant Sitka spruce trees this past weekend. The restoration continues, as does reconciliation, with the work to return Kus-kus-sum to the K’ómoks First Nation.

Mr. Speaker, I seek leave to finish my introduction, because I failed to mention my brother’s name.

Leave granted.

Introductions by Members

R. Leonard: I have two brothers. I thought it would probably be good for me to mention that my brother who just turned 65 is Cory Randolph Leonard, and he’s very much alive today thanks to our public health care system.

Once again, thank you, everyone, for wishing him a happy birthday.

Oral Questions

GOVERNMENT ACTION ON REPEAT
OFFENDERS AND CRIME IN COMMUNITIES

K. Falcon: For almost a year, we’ve watched this NDP government fumble and bumble along as they come up with one excuse after another to justify why they can’t and won’t do anything to deal with the explosion of crime and repeat violent offenders.

First, they denied the problem and wrongly claimed that the crime statistics were false: “Nothing to see here, folks.” That was their attitude. Then they called the stories of victims “anecdotal rhetoric” and blamed the victims for exaggerating the problem. Then, when the former Attorney General — and, likely, the next Premier — ran out of excuses, he hired consultants to spend 4½ months to come back and tell him how to do his own job that he’s held for the last five years.

When the damning report came back, confirming how bad the problem had become, the NDP hid the most important parts of the report and only released the summary of the recommendations. As an aside, the former Attorney General — and, likely, the next Premier — has yet to make a single comment about the very report that he commissioned.

[10:30 a.m.]

Then they went on to blame the opposition. They blame root causes. They blame the federal government. They blame lack of funding, They blamed everybody but the former Attorney General, the man noteworthy for writing the manual on how to sue the police and who let this problem spiral out of control.

But really, at the end of the day….

Interjections.

K. Falcon: I can see I’ve struck a nerve here, folks. But really, at the end of the day, it’s about their ideology.

Interjections.

Mr. Speaker: Shhh, Members.

K. Falcon: They don’t want to do anything that’s going to get in the way of coddling the criminals and putting criminal rights over the rights of the public to feel safe.

So at long last, will this government and this Attorney General abandon the catch-and-release program of the former Attorney General and finally put the public’s safety ahead of the criminals’ right to reoffend?

Hon. M. Farnworth: I thank the Leader of the Opposition for his question, because he has given me so many places to start to try and just address and debunk the nonsense that he has spewed in that question. From the moment we took government, we made it clear that public safety is a priority.

Interjections.

Mr. Speaker: Members. Members.

Hon. M. Farnworth: Amongst the first acts that we brought in was to go aggressive on the guns and gangs strategy and do things that the police have been asking for…

Interjections.

Mr. Speaker: Members. Members.

Hon. M. Farnworth: …that that government failed to do. We brought in a made-in-British Columbia witness security program so that the police can get better intelligence in terms of fighting gangs. Police had been asking for it. We did it. They did not.

Police were fed up with having to send firearms to Ottawa for forensic analysis, where it was always waiting for weeks and months, which delayed investigations. We made the investigation to have our own, in British Columbia, firearms forensic analysis lab in Surrey. That’s in place. We did that. They failed to do that.

Interjections.

Mr. Speaker: Members, come to order.

Hon. M. Farnworth: The member talks about the report. I will remind that member that the Attorney General at that time took a leadership role in going after by establishing the commission and coming back with recommendations into money laundering in this province, which operated with impunity while they sat on this side of the House.

The recommendations were acted and implemented. That’s just the beginning. There is so much more, but I wait for the supplemental from the Leader of the Opposition.

Interjections.

Mr. Speaker: Members, please. When the question is asked, listen to it. When the answer is provided, have the same courtesy and listen to that, please. You don’t have to shout back and forth.

Leader of the Official Opposition, supplemental.

K. Falcon: All the bluster in the world is not going to take away from their record. The fact of the matter….

Interjections.

Mr. Speaker: Shhh.

K. Falcon: During the time that we were in government, we never saw the level and frequency of criminal activity that we’re seeing today in British Columbia.

Interjections.

Mr. Speaker: Members, please.

K. Falcon: The Solicitor General might try and stand up and bluster and pretend that none of this is real, which is the line they’ve been taking for the last nine months. But the fact is victims feel a lot differently. When the Attorney General dismisses the concerns that the victims raise, as he has in the past, as “anecdotal rhetoric,” that summarizes the attitude of the members opposite.

[10:35 a.m.]

But let’s talk about some of these victims, like, for example, the woman in downtown Vancouver subjected to a violent hammer attack; like the senior who was sucker-punched in Chinatown, fell to the ground and broke his hip and currently is in the hospital recovering from that attack; or the young woman bashed on the head with a pole and subjected to violent racial slurs; or the Mexican tourist who was stabbed in a Tim Hortons; or the young man in Yaletown who was stabbed by a random stranger and died.

These are real people, and these events are happening at a frequency and an alarming rate because of the decisions of the former Attorney General.

I just can’t imagine how those victims must feel when they’re listening to this kind of rhetoric, about realizing that they have a government more concerned about the rights of victims to get back into the community to reoffend as opposed to the rights of those victims to have a government looking after their interests. Imagine how they must feel when they listen to that rhetoric.

An Hon. Member: Question.

K. Falcon: Oh, you’ll get that. Don’t you worry.

Interjections.

Mr. Speaker: Members. Members.

K. Falcon: Mr. Speaker, I want, actually, the Solicitor General or the Attorney General or both to just think for a moment: if it wasn’t me and none of these people were here and all the victims were sitting here, could you look those victims…

Mr. Speaker: Member.

K. Falcon: …in the eye and say that your government has done and did everything possible so that they would not be violently attacked by random strangers in British Columbia?

Mr. Speaker: Members, all the questions through the Chair.

Hon. M. Farnworth: I appreciate the question from the member, and I’m glad he raised victims, because we are extremely concerned about victims. We think whenever anybody is attacked that that is unacceptable, and we know the police are doing everything they can to deal with it.

But I’d also like to point out, given that the Leader of the Opposition has shown such concern for victims, that when he sat on this side of the House as Finance Minister, he froze and cut the programs for victim services. In fact, since we formed government on this side of the House, we have increased services to victims programs by more than…

Interjections.

Mr. Speaker: Members, Members.

Members, please.

Hon. M. Farnworth: …62 percent.

This is a government that recognizes that victims need help and support, when you guys never did when you sat on this side of the House.

We have….

Interjections.

Mr. Speaker: Members.

Member, you’re wasting your precious time. Question period is only 30 minutes.

Minister will continue.

Hon. M. Farnworth: I’d remind the Leader of the Opposition that the rules and the laws are made by the courts and the Criminal Code.

Interjections.

Mr. Speaker: Members. Members, enough.

Please continue.

Hon. M. Farnworth: I find it really interesting that the Leader of the Opposition doesn’t talk to some of his legal colleagues next to him, because they would tell him that (1) judges are independent and (2) the Criminal Code of this country is the responsibility of the federal government.

We have been working with other provinces who’ve said that violent attacks — random, violent attacks — are a problem right across this country. We are working with local government. We’re doing what we do as a province. But we also know that the federal government has a role to play and that when there are unintended consequences from legislation that has been passed, there need to be changes.

We have been pushing on that and will continue to push that until we get the changes that we want. At the same time, we will continue to work with local government to put in place the programs they need, such as the program that they themselves cancelled — the offender management program, which police have….

Interjections.

Mr. Speaker: Members.

Hon. M. Farnworth: Wasting time? Wasting time? The member says the recommendation that the police want to restore that program is wasting time. That shows he’s more concerned about headlines than actually fixing the problem.

[10:40 a.m.]

S. Bond: That answer characterizes the exact problem that this government has. Simply stand up in the House, raise your voice, and dismiss the concerns of British Columbians who, day after day after day, under this government’s watch, are facing attacks, assaults — you name it — and this minister dismisses it.

And it’s not just the Solicitor General. It’s the Attorney General. It was unbelievable to British Columbians when the Attorney General stood up in this chamber two weeks ago, and here’s what he said: “I do not think that the people of British Columbia believe that arresting and enforcing the law…is the way to go….” That describes the problem perfectly, and that is why British Columbians expect better of this Attorney General. Frankly, it is his job to enforce the law.

Yesterday, while the Attorney General was busy patting himself on the back for making a plan to make a plan to have a meeting in Ottawa, a man was randomly attacked just minutes from his constituency office. Police say the victim was waiting for a bus. He was approached and punched in the face by a total stranger. Perhaps the Solicitor General would like to speak to that victim.

When will this Attorney General do his job, enforce the law and end the catch-and-release program that was put in place by the former Attorney General?

Hon. M. Rankin: I obviously have enormous sympathy for the victim of which the hon. member spoke. It’s totally unacceptable — the situation she has described and so many others.

We agree with the hon. member for Surrey South, who says we cannot simply arrest our way out of this problem. We have a great number of things we must do, and that includes enforcement by talented and dedicated Crown counsel around this province, led by an able Crown counsel himself, with many years in the job, who was appointed to this role under the leadership of the former government.

We take our responsibilities to victims, to community, to safety very, very seriously on this side of the House. We’re not passing the buck. We’re working with local communities. The Urban Mayors Caucus have been tremendous allies. We commissioned an independent report to see if there were more things that could be done.

Interjections.

Mr. Speaker: Shhh, Members. Members.

There is no need for comments, Members.

Continue.

Hon. M. Rankin: We worked with local governments to see if there were more things that could be done on the ground in their communities to make people safe.

We do not apologize for going to the place where the Criminal Code gets amended and to work with all the Attorneys General and all the Public Safety Ministers across this land to say that change is needed. We will continue to do that.

We will also continue to invest heavily in the social programs that are needed to address the root causes of crime because we believe it’s important to be tough on crime and also tough on the causes of crime.

Mr. Speaker: Member for Prince George–Valemount, supplemental.

S. Bond: Well, I would agree with the Attorney General on one thing: change is needed, and where it’s needed is to end the catch-and-release program that his former Attorney General put in place.

Every day in this House we bring serious, challenging issues to this Attorney General. And what does he talk about? Passing the buck. That is exactly what he does every single day. In fact, let’s talk about creating a plan to create another plan to plan.

What British Columbians want and have shown in large numbers over the last few days…. They want action. They are done. They want a province where they can feel safe in their communities. That includes in Kelowna, where recently a young man was randomly assaulted while walking with his friends. And then what happened? His friends were smashed in the face with a flashlight and pepper-sprayed. These attacks are happening every single day under this government’s watch. In fact, we hear every day that people have never seen it worse. That’s the record of this Attorney General.

So when will he do the right thing? When will he stand up, do his job and end the catch-and-release program put in place by the soon-to-be Premier?

[10:45 a.m.]

Hon. M. Rankin: The kinds of crimes that the hon. member is referring to are utterly unacceptable. They’re horrific.

Random attacks, we learned, are a fact of life, sadly, across this entire country. We are trying to make sure that we address that head-on.

Interjections.

Mr. Speaker: Shhh, Members. Members.

Continue.

Hon. M. Rankin: The pandemic has exacerbated mental health problems and drug addiction problems. The majority of the people who are engaged in these horrific crimes are people who have been affected by that. We have to ensure that we address that and enforce the law effectively….

Interjections.

Hon. M. Rankin: We have to ensure that we enforce the law effectively as well as take the steps to ensure that those people are not on the street and don’t have the opportunity to do the crimes in the first place.

To suggest that we are passing the buck by talking to other governments to make sure that the bail reform legislation is altered…. At the meeting of the federal, provincial and territorial Attorneys General and Public Safety ministers, it was suggested that ministers unanimously agreed to a subsequent urgent meeting to consider concrete proposals to address these issues.

We would wish….

Interjections.

Mr. Speaker: Members.

Hon. M. Rankin: I think the hon. member seems to be suggesting that bail reform is something that the province can do. We cannot, and we are doing our best to ensure that those who can make those changes, make those changes, because we understand, on this side of the House, that keeping people safe is our job.

Interjections.

Mr. Speaker: Member for Kamloops–North Thompson, please.

Leader of the Third Party.

DRAX OPERATIONS IN B.C.
AND PRODUCTION OF WOOD PELLETS

S. Furstenau: Two weeks ago my colleague asked about BBC and CBC reports that have shown that Drax, a U.K. energy giant, is turning whole trees from primary forests in B.C. into pellets to burn. The minister said that no, they are not. She said that Drax is not using whole trees or primary forests for wood pellets. Those comments are on the record.

We have a copy of the minister’s estimates binder from earlier this year. On page 66, there’s a note that says: “Confidential. For minister’s use only. An estimated 75 percent of fibre for pellet processing facilities comes from sawmill residuals.” In other words, at least a quarter of the fibre used in wood pellets is not sawmill waste.

The BBC and CBC both have video evidence showing whole trees being cut, transported and processed at the Drax site. My question to the Minister of Forests: does the minister want to try again to answer the question? Are whole trees from primary forests being turned into wood pellets in B.C.?

Hon. K. Conroy: I will try to ensure that I say it so that the member understands, so yes, I will try again.

Interjections.

Mr. Speaker: Shhh.

Members, Members.

Hon. K. Conroy: The ministry actively monitors the input used by pellet sectors in B.C. They are made almost entirely from waste, and 90 percent comes from sawdust, shavings, chips and harvest residuals.

You know, B.C. is a really important source of bio­economy for many countries, and that source is transitioning away from coal-fired power. Now, it’s better to turn waste into bioenergy that displaces fossil fuels instead of burning it in open slash piles or leaving it on the ground, which creates even more GHG.

The reality is that no one is turning whole forests into pellets. The reality is that those logs were taken to sawmills — in fact, two sawmills — that turned them into sawlogs. No one in their right mind would take a sawlog, a perfectly good piece of timber, and turn it into pellets. Sawlogs are going for $150 a cubic metre. Pellets are going for $25. Logs that are used for pellets are going for $25.

[10:50 a.m.]

Those are logs that have been burnt that can’t be used in a sawmill. Those are logs that have been affected by the pine beetle that can’t be used in sawmills. Those are logs that have been rotten and are creating GHG in the environment. So pellet mills only use low-quality logs that can’t be used in sawmills.

Mr. Speaker: Leader of the Third Party, supplemental.

S. Furstenau: Thank you, hon. Speaker.

Interjections.

Mr. Speaker: Members.

Please continue.

S. Furstenau: I think it would just be so much easier for the public and the rest of us if we could get direct and clear responses. The minister very carefully used the words “almost entirely.” She very carefully did not say there are no whole trees from primary forests being turned into wood pellets.

The minister’s allegiance to Drax is fascinating. In 2021, this company took control of 66 percent of the wood pellet production in this province, monopolizing the industry. In 2022, the former chief forester resigned her position and assumed a vice-presidency role in this giant corporation, a giant corporation that lobbies this government regularly. In fact, several experts have called for the Competition Bureau of Canada to review Drax’s activities in B.C.

I’ll ask the question in a way that the minister can understand. Trust. Trust is the currency of democracy. The public has seen reliable reports from international, renowned media agencies with video footage to back up their claims. Is the minister calling the reports of the BBC and the CBC false?

Hon. K. Conroy: I will make sure that I put accurate information on the record, which is something that I have always done.

Again, not all harvested logs are suitable to be turned into pellets. Some of them are too small. They’ve been damaged. It’s either beetle-killed, fire. I’ve already talked about that. Some logs are processed, but it is very, very few. In fact, these logs represent less than 0.5 percent of the total provincial harvest — 0.5 percent.

We know that logs are 150 bucks a cubic metre. No one is going to process a log that should be turned into a sawlog into pellets. That is not happening in this province.

I have mentioned in the media that I felt that some of the information said in both of the films was inaccurate. When we were asked to provide information, we did. It was not published.

Again, less than 0.5 percent of the total provincial harvest — that is, the whole logs — go into a pellet mill, and those are logs that cannot be utilized anywhere else in the sawlog industry.

You’re welcome.

GOVERNMENT ACTION ON REPEAT
OFFENDERS AND ROLE OF CROWN COUNSEL

M. Morris: Yesterday the Attorney General stood up and said that we need action now, but then he proceeded to claim that it all depends on Ottawa.

Six months ago I called for a dedicated Crown counsel for prolific offenders, and the NDP still hasn’t acted on that. This is a provincial responsibility — full stop. It was even one of the 28 recommendations from the NDP’s own damning report, and something that he can do today.

Why hasn’t the NDP taken immediate action and assigned a dedicated Crown counsel to focus on violent, prolific offenders?

Hon. M. Rankin: There are a number of measures that we’re taking that we think will make a difference. We are looking at all 25 of those recommendations, including the one that the member referred to. There were 28 that were in the report, three of which have already been implemented, including the one to deal with the prolific offender management program, which was so successful but which was cut by the last government.

Interjections.

Mr. Speaker: Shhh. Shhh.

[10:55 a.m.]

Hon. M. Rankin: The kinds of things we are investing in, in social programs, are going to make a difference. For example, peer-assisted care teams — which was the number one recommendation of the report the member referred to — involve civil-led responses to people who are in drug crisis or have mental health issues. Teams are being rolled out in Victoria and in New Westminster — and soon on the North Shore. Did the party opposite, when they were in government, do anything of the sort? No.

We are investing up to $164 million, in the last budget, for complex care housing, which will eventually have 500 people housed who have the needs for that kind of wraparound service. Did the former government do any social investments of that kind? No.

Community transition teams are identified in the report…

Interjections.

Mr. Speaker: Members.

Hon. M. Rankin: …as critically important. That deals with people who are released from correctional facilities and often to go back to the street where they were before, without the supports, without anybody helping them navigate through the system. We have expanded our program, which we introduced, to ensure that it’s 90 days’ support for these people and that all ten correctional facilities in this province will be subject to this new program. The former government did nothing of the sort.

We think this is critically important to address the situation on bail reform. We are working with our federal partners, who have 100 percent responsibility for that, but the report to which the member referred was a function of work with the local mayors across this province. In his very community of Prince George, the mayor said, about that very report: “I think the recommendations encompass everything that we were looking for and hoping for that would come out of that report.”

We are working at the local government level. We are taking our responsibilities…

Interjections.

Mr. Speaker: Shhh, Members.

Hon. M. Rankin: …to enforce the law, and we are working with the federal government to change the law.

M. de Jong: The Attorney gave a relatively long answer and managed to successfully avoid answering the question in any way, shape or form.

My colleague the member for Prince George–Mackenzie offered up, yet again, a specific course of action that this Attorney and this government could take, and the Attorney refuses to provide a clear answer, a straight answer, about why that step hasn’t been taken.

In fact, it’s a recurring theme: the Attorney, the previous Attorney and the government continuously pleading a lack of ability to deal directly with chronic repeat offenders. But what we see, and what British Columbians see, is not a lack of ability but a lack of will. That’s what they are seeing.

You know, a few years ago — more than a few years ago, back in ’93 — the then Attorney General saw a problem with domestic violence cases. They were understandably and justifiably concerned, and the then Attorney General Gabelmann took specific steps. He issued specific directions to prosecutors across British Columbia about how to conduct those prosecutions to address that dramatic rise in domestic violence. Other Attorneys General have issued similar directives in circumstances where it was appropriate to do so.

Six months ago — six months ago — in the course of the estimates debate, I had this conversation with the Attorney’s predecessor, and I presented him with a draft directive. It’s only one page. The significant paragraph read as follows — it would be a directive to prosecutors: “In circumstances when an adult prolific offender is brought before the courts on additional charges, a presumption shall exist, on the part of the Crown counsel, that the public interest, including the safety of the public, is best served by seeking the detention of the accused adult prolific offender, pending the disposition of the matter.”

[11:00 a.m.]

That is a direction that this Attorney General could give. His predecessor did nothing. I’ll table it again after question period. But what I’d like to know, and what British Columbians would like to know, from this Attorney General is: will he today issue that directive? If not, why not?

Interjection.

Mr. Speaker: Let him start, man.

Hon. M. Rankin: As I said to the hon. member for Prince George–Mackenzie, we are looking at the specific proposal that was made by the LePard-Butler task force, if you will, and their recommendations, and that would be for a dedicated Crown counsel. That is an area that is under active consideration.

The member for Abbotsford West has, I think, made a constructive suggestion concerning the directive.

Interjections.

Mr. Speaker: Members.

Hon. M. Rankin: We have, of course, reviewed it, and we’ve looked at this issue in the past and are continuing to do it.

The member will know the constraints that the courts have imposed when it comes to dealing with amendments to a directive, changing the criminal law of Canada or changing the case authorities, such as is our case. In other words, the presumption that the member talked about, would that line up with our criminal law and with the court’s chartered jurisprudence?

Interjections.

Mr. Speaker: Members. Members.

Hon. M. Rankin: It was a serious question, and I’m trying to provide a serious answer.

Yes, it’s under consideration. Every tool in the toolkit is under serious investigation. But we cannot, with a directive, change the criminal law of Canada or the Charter of Rights of Canadians. And that is what we’re examining actively.

[End of question period.]

Tabling Documents

M. de Jong: As I alluded to just a moment ago, I’d like to table a document, the section 6 Crown Counsel Act draft directive, first tabled in this House six months ago.

Leave granted.

Orders of the Day

Hon. M. Farnworth: I call continued Committee of the Whole, Bill 29.

[11:05 a.m.]

Committee of the Whole House

BILL 29 — MORTGAGE SERVICES ACT

(continued)

The House in Committee of the Whole (Section B) on Bill 29; J. Tegart in the chair.

The committee met at 11:06 a.m.

Clauses 13 to 38 inclusive approved.

On clause 39.

P. Milobar: Just a couple of questions on this section, really around how many staff and the capacity within the investigative wherewithal of BCFSA currently.

Does the minister know how many staff they currently have available for investigations and what the current caseload for that staff is?

Hon. S. Robinson: We’d have to check in with the BCFSA to get a specific number for the member. We’re happy to do that and provide them with that information so that it’s accurate.

P. Milobar: Well then, I guess I’ll reframe a little bit.

What types of discussions, as this bill was being drafted — one would assume in concert with discussion with the BCFSA…? What is their expectation for increased staffing for investigations? What type of skill set would be required? What confidence level do they have, given we have a kind of a hiring skill shortage across a wide range of things? I would think this would be a specialized type of investigation body that would be needed.

I’m just curious what that looks like in those discussions drafting this bill.

Interjections.

The Chair: Members, if you’re going to have a conversation, I’m going to ask that you step outside the chamber, please.

[11:10 a.m.]

Hon. S. Robinson: BCFSA already does have investigators for mortgage brokers. This current legislation that’s here before us is actually modelled on the Real Estate Services Act that currently exists. If anything, it will be more streamlined in terms of having specialized knowledge within the organization itself.

Clauses 39 to 47 inclusive approved.

On clause 48.

P. Milobar: I’m just curious if frozen property would include homes that have been purchased via a mortgage.

Hon. S. Robinson: The member asks about how orders to freeze property are made against licensed persons. Freeze orders may only be made if there are reasonable grounds to believe that there has been a contravention of the act that is contrary to the public interest. It provides a tool that the superintendent can use to secure a licensee’s property and protect those assets, pending the outcome of investigation and hearing. A freeze order protects the property from being sold or disposed of.

Fairness is provided by allowing a person with an interest in the property to apply to the Supreme Court for disposition of the property. This provision is consistent with section 46 of the Real Estate Services Act. This provision is made to apply to unlicensed persons by section 51 of this act.

Clauses 48 to 62 inclusive approved.

On clause 63.

P. Milobar: This is a pretty lengthy clause and runs — one, two, three — almost four pages long. I only have one or two questions, surprisingly enough, for it.

This section, for the viewers at home, deals with the rules of the authority — the authority being the BCFSA — by definitions in it. I just want to clarify. In (8) of this clause, it says that: “The Lieutenant Governor in Council may, by regulation, (a) make rules or repeal or amend rules made by the Authority under this section, and (b) specify powers of the Lieutenant Governor in Council to make regulations under this Act and authorize the Authority to make rules under those specified powers.”

That’s basically at the end. There are only nine left. I just want to clarify with the minister that essentially, despite the three or four pages of preamble of what sets out the authority and their rules of authority — which is the BCFSA — ultimately, the minister can create the rules that the BCFSA would need to operate under for these new regulatory provisions, if the minister feels that the rules aren’t adequate or not appropriate.

[11:15 a.m.]

Hon. S. Robinson: The member is correct. I’ll read into the record…. The rule-making allows the authority to respond quickly to emerging issues in the sector. The authority will have rule-making power to set qualification requirements that include licence categories and terms, education, experience and other qualifications to be licensed as well as exemptions from licensing.

The authority will have rule-making power to set standards of conduct in business practices that include the operation of trust accounts, business operations, standard business forums and information disclosure statements. As well, the authority will be able to set different standards for different circumstances, including conditions and restrictions on licences, requirements to post security and filing of reports, returns and other information.

By allowing rules to be made by the Lieutenant-Governor-in-Council, the government still retains the ability to direct policy.

P. Milobar: With that in mind, then…. I’m assuming that the minister would feel it’s appropriate that the industry, the mortgage broker industry, should have a reasonable expectation….

If they’re feeling they’re not getting anywhere discussing with the superintendent of the BCFSA potential changes or areas that they feel need to be changed or improved, they should have still a reasonable expectation of reasonable access to whoever the minister happens to be to voice those concerns and have those conversations and not feel like they’re just going to be automatically told to go back to the BCFSA and have those discussions.

Hon. S. Robinson: Absolutely, that is the case.

I also neglected to mention, in my previous answer…. I think it’s important that it’s understood. Providing the authority with rule-making authority is consistent with what we have with the Real Estate Services Act as well as the Financial Institutions Act. These are consistent rule-making processes that we have, as well as access to the minister if policy isn’t moving in the direction that is, on the whole, best for British Columbians.

Clauses 63 to 104 inclusive approved.

On clause 105.

P. Milobar: This is the commencement clause, in terms of when it comes into effect. It comes into effect with an order-in-council.

What is the expectation, by the minister, for this to come into effect? We’ve seen varying speed with this type of commencement date. If it’s an FOI law…. It happened almost 15 minutes after the bill was passed. Others have taken quite some time. So I’m just curious what the expectation of the minister is for this bill to come into effect.

[11:20 a.m.]

Hon. S. Robinson: This act will be brought into force by regulation at a date that is yet to be determined. The earliest would be fall of 2023, given the significant amount of work that needs to be done. Time is needed to develop rules and regulations under the act in consultation with both the BCFSA as well as industry.

In addition, changes to the register of licensees, application forms, information statements and related guidance are needed to transition to a new licensing system. It’s within that context that we appreciate that there’s lots of work that is to be done.

I’m also expecting that there are no more questions, so before I take my seat, if I can just thank staff who have worked on this for years. This has been a significant undertaking, and I want to acknowledge Suzanne and her team for the amount of literally heavy lifting of getting this work done. It’s a significant body of work, and it’s going to make a difference for British Columbians.

I also want to say God bless…. The member for Kamloops–North Thompson — God bless his mom. He started this off, and I have tremendous respect for her.

Clause 105 approved.

Title approved.

Hon. S. Robinson: Madam Chair, I move that the committee rise and report the bill complete without amendment.

Motion approved.

The committee rose at 11:22 a.m.

The House resumed; Mr. Speaker in the chair.

Report and
Third Reading of Bills

BILL 29 — MORTGAGE SERVICES ACT

Bill 29, Mortgage Services Act, reported complete without amendment, read a third time and passed.

Hon. N. Simons: I call second reading of Bill 27, Attorney General Statutes Amendment Act (No. 2).

Second Reading of Bills

BILL 27 — ATTORNEY GENERAL STATUTES
AMENDMENT ACT (No. 2), 2022

Hon. M. Rankin: I move that the bill now be read a second time.

There are six statutes being amended in this bill, all of them minor. They are limited in scope and will help, however, to bring clarity and consistency to the statutes and how they are to be interpreted and applied.

[J. Tegart in the chair.]

First, there are minor housekeeping amendments proposed to the Election Act to correct a cross-referencing error.

[11:25 a.m.]

The amendments to the Lobbyist Transparency Act will reinstate the registrar’s authority to remove a return record from the registry when it’s found to be non-compliant, which was inadvertently removed when amendments were made in 2018.

Thirdly, amendments to the Power of Attorney Act and the Representation Agreement Act relate to the witnessing requirements for making an enduring power of attorney and a representation agreement. The amendments will provide authority to allow for the remote electronic witnessing of these planning instruments as an alternative to in-person witnessing. This will allow for remote witnessing to provide greater flexibility, including in situations where in-person access may be limited.

Next, the Queen’s Counsel Act is being amended and now will be called the King’s Counsel Act. While B.C.’s Interpretation Act allows for references to Her Majesty in existing statutes to be interpreted as referring to the new monarch, having this statute already included as part of this bill provides us with the opportunity to make this non-urgent amendment.

The other amendments to the Queen’s Counsel Act include provisions to enable the revocation of a Queen’s Counsel, now King’s Council, appointment and the addition of the Chief Judge of the Provincial Court as a required consultee. The other minor amendments address a gap with respect to the order of precedence of appointments.

Lastly, the amendment to the Wills, Estates and Succession Act addresses a relatively rare occurrence where property transfers to the government in absence of a legal heir but government has no specific authority to appoint someone to administer the estate.

M. de Jong: Thank you to the Attorney for his comments with respect to Bill 27. It is a piece of legislation that lends itself to more discussion/debate during the committee stage. That’s common with respect to miscellaneous statutes amendment acts of this sort.

My practice in the past, and one I will continue, is to try to advise the Attorney now of the areas where he might anticipate questions. I am grateful, by the way, for the opportunity to meet with his staff in advance, so he may already have some of this information, but it’s probably appropriate to put it on the record now, put those comments and alerts on the record in second reading.

The Attorney should probably anticipate a few questions around section 2 of the bill — or clause 2; I guess we now refer to them as clauses, not sections — only to make clear…. In my discussions, I was left a bit unclear on whether or not this represents the restoration of a provision. At one point in the briefing, it was indicated to me that this is a new provision. That’s not my understanding.

If the provision that’s being restored was inadvertently deleted in 2018, it may be helpful, even in advance of the committee stage, if the Attorney or one of his capable staff want to just send to my office the reference to the earlier section or subsection that was inadvertently deleted. That would be helpful and save us some time at committee.

The amendments under the Power of Attorney Act, clauses 6 and 8 of the bill…. I understand that the genesis for this took place as a result of the experiences with COVID and temporary measures that were in place and that the ministry has taken some lessons or gained some experience there.

The granting of a power of attorney — as the Attorney, I’m sure, agrees — is not an insignificant step. It is the bestowing upon someone of the power to stand in your place and wield all of the legal authority that you do, so the procedures that give rise to that transfer of authority are important. I will likely want to explore briefly with the Attorney, in committee stage, what is being contemplated.

[11:30 a.m.]

I understand that clause 8 creates the regulatory authority necessary to breathe life into the provisions of clause 6. But even in his comments just a moment ago, the Attorney used a word…. He talked about the desire to create the ability to sign a power of attorney remotely.

All of these words in the age of technology, I think, become significant — remotely versus electronically versus visually. So the Attorney should anticipate some questions around what those regulations are likely to look like. What do he and the government intend to create? What mechanism is in the Attorney’s mind in amending and creating this alternative process for powers of attorney and, I think, representation agreements, which come along a little bit later?

The second part of clause 8 refers to section 41.2 and relates to regulations in relation to extrajurisdictional powers of attorney. My question to his staff was whether or not this was being included to address some kind of a problem that has arisen, and I was advised that what is taking place here is that there’s no substantive change — that the provision is simply being renumbered and that these provisions currently exist in the act under 41(4). I’ll ask the Attorney to confirm that on the record as well.

The provisions dealing with the King’s Counsel act, the renaming provisions, are obvious, for obvious purposes. And then the creation of the revocation ability, as initiated by the Attorney General….

I should say, by the way, I guess to put on the record maybe for the benefit of a few members of this assembly, that I did pose the question and seek the guidance of the conflict commissioner relating to the ability of those in this chamber who have the designation to actually participate in the debate insofar as lawyers in private practice, I think, do derive some additional benefit from having that distinction. I can advise that the commissioner offered her opinion that there were no impediments, to her mind, to participation in the discussion.

Finally, the Attorney can anticipate a few questions on clause 19 as it relates to the intestacy situation that he describes and how that is intended. I guess I’ll probably start with: what is the gap that has been identified and needs addressing here?

I spent a delightful three or four days in this chamber a number of years ago with the now mayor of Nanaimo, when we rewrote the wills and estate laws of British Columbia in what was an enjoyable debate. As we contemplated every possible permutation of intestacy and the passage of the estate, it seems we may have missed one. I’ll pose that question to the Attorney at the appropriate time.

[11:35 a.m.]

Sometimes in those matters, the easiest way — it’s a bit presumptive, on my part, to suggest these things — is to provide an example, because in the abstract, I find these things are very difficult to understand otherwise. An example of the circumstance in which this change in the intestacy provisions would be applicable will be helpful.

I think those are my comments on the second reading, hon. Chair. We’re obviously happy to facilitate passage into committee stage for the purpose of having those discussions. Thank you for the time today.

K. Paddon: I could not let this go by without talking about a section that I think is going to be really important, especially during Community Inclusion Month. We have an opportunity for a change here that I fully support, and that’s around the Representation Agreement Act, as well as the Power of Attorney Act. I would like to just take a few minutes about the representation agreement, because not everybody in the province may understand why this would be an important change.

I know that we do so much business here that might seem standard. It might seem that this is just the course of business, but as the member previous pointed out, there are some lessons to be learned from COVID. Some of them have been devastating, but some of them offer a lot of opportunity, and this is one. With COVID, there were temporary adjustments made to the way that we do a lot of kinds of business. With regard to the Representation Agreement Act, the changes during COVID actually expanded accessibility, which is really important.

For those who don’t fully know, a representation agreement is very different than a power of attorney, in that, like my colleague said before, the power of attorney is, I think they said, not an insignificant step, which is absolutely very true.

I’ve had the privilege of serving youth and adults with intellectual disabilities over the course of my career. I’ve also worked with victims. I’ve worked with seniors. There are a lot of situations where giving up one’s rights, one’s autonomy, may not be the best or most dignified choice, and a representation agreement offers an alternative to that.

A representation agreement allows an adult, 19 years or older, to select somebody who will act with them in their decision-making, who will support them in that decision-making. They don’t take over their rights, they don’t take over their ability to be part of that decision, but they are now involved in that decision. That’s really important.

We know that organizations like the B.C. Schizophrenia Society, the B.C. Centre for Palliative Care, Family Caregivers of B.C., Seniors First B.C., Community Living B.C., all of these bodies, offer information about representation agreements because this is a tool that can be used to allow supported decision-making in a way that is very inclusive. It doesn’t override the rights or will of the person.

To be able to do any part of this remotely, to be able to remove any kind of physical barrier, be it because of rural distance or because of mobility issues — or even, potentially, just access to the people that you would need to finish this process — is really important. Any opportunity where we can increase accessibility in a way where, we just learned, it can absolutely work, and in the way it was intended, is something I absolutely would support.

I just wanted to rise and talk a little bit about representation agreements and why this tool, based on ensuring accessibility to supported decision-making and choice, should be made as accessible as possible. With that, I will take my seat and thank you so much for the opportunity.

Deputy Speaker: The question is second reading of Bill 27.

Motion approved.

Hon. N. Simons: I move that the bill be committed to the Committee of the Whole House to be considered at the next sitting of the House after today.

Bill 27, Attorney General Statutes Amendment Act (No. 2), 2022, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.

Hon. N. Simons moved adjournment of the House.

Motion approved.

Deputy Speaker: This House stands adjourned until 1:30 this afternoon.

The House adjourned at 11:40 a.m.