Third Session, 42nd Parliament (2022)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, November 1, 2022
Morning Sitting
Issue No. 244
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
TUESDAY, NOVEMBER 1, 2022
The House met at 10:03 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers and reflections: N. Letnick.
Introductions by Members
Hon. B. Ralston: Joining us in the members’ gallery this morning is Mr. Sebastiaan Messerschmidt, consul general of the Netherlands in Vancouver. The consul general is here on his first official visit. Later this morning, he will be meeting with the Minister of Jobs, Economic Recovery and Innovation, and this afternoon, with the Premier and then with you, Mr. Speaker. I will have the opportunity to meet with him today as well. Would the House please make him feel very welcome.
Hon. M. Dean: Well, we’ve had some very special visitors in Esquimalt for the last few months. Jane Barrett, who is the daughter of former Premier Dave Barrett and his wife, Shirley, has been here from Perth, Australia. She’s also the aunt of Andrew Barrett, who is the assistant to the Minister of Public Safety and Solicitor General. She’s here with her friend Nellie Gaynor, also from Perth in Australia. Would everybody please make them very welcome.
We also have Atticus Kerr, who’s 16, who’s a student from Esquimalt High School. He is here to meet with the Minister of Transportation, who I think is also going to say a few words about what he’s up to in greater Victoria. Would you please make Atticus very welcome.
Hon. L. Beare: For the past five years, I’ve been so fortunate to have working with me, on and off in my ministries, Korleen Carreras, who’s not only a fantastic public servant but a true friend as well. For the past eight years, I have had the privilege of working with her both in government and in school board on many campaigns together. She’s been in charge of my life a number of times, quite literally, while I was in hospital, in particular.
She gets the fabulous opportunity now to move on from our government and pursue her career as a city councillor with the city of Maple Ridge. I couldn’t be more proud, and I just want to thank her for her five years of service here to the people of British Columbia.
Hon. R. Fleming: Following on the Minister of Children and Family Development, I do indeed want to introduce Atticus Dachsel Kerr, who’s a grade 11 student, who’s here with his teacher and classmates from Esquimalt High School here today to observe question period and to be in the precinct.
Atticus has had a lot of attention in a couple of our local newspapers recently because he set a personal challenge for himself to promote public transit use in our region. The challenge he has set for himself over the next year is to ride every single numbered bus route in the capital region, routes 1 to 88, in order to promote public transit. If members are interested in that, his Instagram account is @busvictoriabc.
This young man is very bright. He went to school with my kids in elementary and middle school and I think was the renowned chess champion in both of those institutions. He’s considering a degree in urban planning after high school.
I know that he is here today. He has brought his classmates to observe the parliamentary process at work. So I would ask the House to make him and his classmates and his teacher most welcome today.
B. Anderson: I have two introductions that I would like to make today. The first one is a longtime family friend, a constituent and a public service employee. Dave Heagy is here today, joining us. Dave is one of the kindest people that I know. He has a gentleness that is extremely endearing. He and his wife, Annie, have been incredibly supportive and kind to me over the years.
Dave is in town because he is receiving a Long Service Award. He started out as a Parks ranger, and now he is the B.C. Parks area supervisor. So I would like everyone in the House to thank Dave for his service and dedication to parks, the environment and people. He is getting 45 years, which is absolutely incredible. So thank you, Dave, for everything you do.
For my next introduction, I would like to wish a very, very happy birthday to the Minister of Social Development and Poverty Reduction, who is a friend and a mentor.
Happy birthday, Nick.
R. Singh: It was today in 1966 that the present-day state of Punjab was formed after the efforts of many who wanted a Punjabi-speaking region in India.
Being a proud Punjabi, I just want to say a few words in Punjabi.
ਮੈਨੂੰ ਮਾਣ ਹੈ ਪੰਜਾਬੀ ਹੋਣ ਦੇ ਤੇ ਨਾਲ ਹੀ ਕਨੇਡਾ ਤੇ ਜਿੰਨੇ ਮੇਰੀ ਮਾਂ ਬੋਲੀ ਨੂੰ ਪਰਫੁੱਲਤ ਹੋਣ ਦਾ ਮੌਕਾ ਦਿੱਤਾ ਹੈ।
ਤੇ ਨਾਲ ਹੀ, ਮੈਂ ਖੜੀ ਹਾਂ ਆਪਣੇ ਮੂਲ ਨਿਵਾਸੀ ਭਰਾਵਾਂ ਤੇ ਭੈਣਾਂ ਨਾਲ ਜਿਹੜੇ ਆਪਣੀ ਮਾਤ ਭਾਸ਼ਾ ਨੂੰ ਸੁਰਜੀਤ ਕਰਨ ਦੀ ਕੋਸ਼ਿਸ਼ ਕਰ ਰਹੇ ਨੇ।
[I am proud of being Punjabi and of Canada, who has given my mother language the opportunity to blossom. Also, I am standing with my Indigenous brothers and sisters who are working to revitalize their own mother tongue.]
[Punjabi text and translation provided by R. Singh.]
P. Milobar: Today we have a few of my constituents in town for some meetings, and I’d just hope the House make Alex, Pam and their baby Monika very welcome. Pam is actually a psychiatric nurse that works on some of our street outreach nursing and is currently on maternity leave. She does great, important work within Kamloops. Will the House please make them welcome.
G. Begg: All of us in this House are surrounded by staff who go out of their way to make our jobs easier to do every day. We’re also supported, of course, in our constituencies by constituency assistants. My long-standing — some would say long-suffering — constituency assistant is here in the House today, along with the constituency assistant for the member for Esquimalt-Metchosin. They are Nubwa Wathanafa and my constituency assistant, Amna Shah. Would the House join me, please, in making them welcome.
Statements
(Standing Order 25B)
CRIME PREVENTION
AND REPEAT
OFFENDERS
M. Morris: This week is Crime Prevention Week, recognizing all the good work that police and volunteers do in our communities around the province. My purpose today is not to underscore the valuable work and contributions made by police and volunteers but to focus on another area that can make major contributions to crime prevention. That area is the B.C. Prosecution Service and the courts.
Section 515(1) of Canada’s Criminal Code provides that prosecutors must be given a reasonable opportunity to show cause for why the detention of an accused in custody is justified. In fact, there are four areas in section 515 that specifically provide authority for prosecutors to show cause to a judge for why prolific offenders should be held in custody. Under section 523, the Criminal Code also provides authority for judges to hear matters related to administration of justice offences such as failing to appear in court. It also provides prosecutors to once again show cause why the detention in custody is justified.
Justification to hold a prolific offender in custody is outlined under subsection 515(10). This section requires only one or more of the following conditions: the detention is necessary to ensure the prolific offender attends court; the detention is necessary for the protection or safety of the public, having regard to all the circumstances, including the likelihood of the prolific offender to commit more criminal offences or interfere with the administration of justice.
The third condition states that the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including the strength of the prosecution’s case, the gravity of the offence, including whether a firearm was used or not, and the length of potential imprisonment upon conviction.
The most significant impact that can be made for crime prevention today is to keep prolific offenders in jail.
MARSHALL McLUHAN FELLOWSHIP
FOR
JOURNALISTS IN PHILIPPINES
M. Elmore: The Marshall McLuhan Fellowship, first awarded in 1997, is given annually by the Center for Media Freedom and Responsibility and the Canadian Embassy in the Philippines to a Filipino journalist who has exhibited excellent work in the preceding year.
Karmina Constantino is the 2022 Marshall McLuhan Fellow. Colin Townson, chargé d’affaires of the Embassy of Canada to the Philippines, said in a statement that Ms. Constantino was named fellow for her “unflinching commitment to speak truth to power, an admirable consistency in ferreting out the most complicated issues of the day and a stirring courage to ask the toughest questions.”
In the next two weeks, Christian Esguerra, the Marshall McLuhan Fellow for 2020, will be holding lecture tours in Canada, including in Vancouver, as part of the fellowship. His lecture tour was postponed due to the COVID-19 pandemic.
The fellowship highlights the best practices of Filipino journalists at a time of heightened challenges to press freedom in the Philippines and other countries amid a deluge of disinformation globally. International media organizations have consistently named the Philippines among the most dangerous countries for journalists. The National Union of Journalists of the Philippines has recorded 197 media workers killed since 1986. On October 3 of this year, assailants gunned down popular and outspoken broadcaster Percival Mabasa in Metro Manila. He was the second journalist killed since President Ferdinand Marcos, Jr. took office on June 30 of this year.
Around the world, press freedom has been essential to the democratic system. Effective participatory government is possible only when it can count on a well-informed society where individuals freely exchange ideas and public debate and discussion arise from knowledge and understanding of national affairs.
I ask everyone in the chamber to congratulate the 2022 fellow, Karmina Constantino, and welcome the 2020 fellow, Christian Esguerra, to Canada and Vancouver for his lecture tour shortly.
ADOPTION AWARENESS
K. Kirkpatrick: There are many ways to build a family. November is Adoption Awareness Month. It draws attention to the many children and teens who are waiting for permanent homes through adoption, guardianship, kinship placement or another form of permanency.
At any time, there are approximately 1,000 children in care in B.C. who are waiting to be adopted. Many of these children suffer from trauma from neglect or abuse. Others have delayed development due to prenatal exposure to drugs or alcohol. And some are sibling groups who must be kept together. But all of these children need a permanent, loving and secure home where they can be lifted up and meet their full potential.
Children need lifelong relationships, not just those relationships that end at 19 years old. An adoptive parent or family needs to be ready to deal with supporting these special young people and their requirements. It takes time to build trust and create a sense of safety. There exist a number of adoption assistance programs for parents adopting from care that will help them navigate some of these unique challenges. Some are financial to address the specific needs of the child. Many are supportive in terms of counselling and assistance on how best to support your child.
This is not a short-term commitment. This is a lifelong commitment and must be entered into with that understanding and with a desire and a commitment to build your family with the addition of one of these special children who can add so much richness to your life.
I encourage people to build their family through adoption, and I encourage them to consider one of the many young people in care. You can give a child the home and love they need, and you can celebrate another important new member of your family.
Every single minute matters. Every single child matters. And every single childhood matters.
LEGAL AID LAWYERS
AND DUTY COUNSEL
A. Singh: Last week, October 27, legal aid organizations across Canada partnered with schools and other educational institutions to build awareness about the justice system. That day was recognized as Duty Counsel Day.
Legal aid lawyers and duty counsel form an integral part of our justice system. Legal aid lawyers and duty counsel provide legal services at no cost to their clients and advise disadvantaged adults and youth across Canada on an average of 1.2 million times a year. They’re compassionate and capable and make a career of helping people in need. Whether it be family law, immigration or a criminal matter, they form an integral part of our system, especially for the most disadvantaged British Columbians.
When an individual or a family has to deal with a matter that requires legal help, that journey is often life-altering. Having the helping hand of someone that can navigate the system with you is crucial, not just to that individual but to our society as a whole if we are to continue to live in a free and respectful society.
Every year thousands of people are unable to pay for a lawyer when they need it most. That’s where, for many of these families, legal aid lawyers and duty counsels step in. They play that central part not only for their client but for the overall fairness of our justice system. Our system relies heavily on these exemplary individuals.
For the longest time, we in British Columbia ignored these individuals who are a vital part of our justice system. That had a deadening effect. The number of lawyers that were working for legal aid decreased, and the most disadvantaged British Columbians had difficulty accessing the justice system — something that should be honoured and prized in a country that holds freedom and the rule of law dear.
That’s why I’m really proud to stand with this government, who listened to legal aid lawyers and the amazing people at ALL, the Association of Legal Aid Lawyers, and reversed course. Since 2017, provincial funding for legal services has increased by $34.2 million.
There’s much, much more to do to catch up, but we are committed to improving access to legal services for all British Columbians.
MOVEMBER FUNDRAISING CAMPAIGN
G. Kyllo: When I woke this morning, I shaved. I see a whole bunch of freshly shaven faces this morning, as we start the Movember campaign. I must say, hon. Speaker, that is a magnificent moustache that you have today.
Men’s health is in crisis. Men are dying, on average, five years earlier than women — and for largely preventable reasons. Globally, testicular cancer is the most common cancer among young men, with men comprising also three out of every four suicides. Think about that: three out of every four suicides are men.
In addition to that, men also represent 80 percent of the opioid deaths in our province. So the need for increased awareness for men’s mental health has never been greater. This is why I’m extremely proud to rise in the House today to encourage everyone to participate in this year’s Movember campaign, as we mark the beginning of November today. This year’s slogan is “Rock a mo for a bro.” I hope you’ll be bold enough to grow a moustache and, if you can, to please support the Movember campaign.
Although Movember was initiated initially to bring awareness to testicular and prostate cancer, in recent years the Movember campaign has expanded to increase awareness of men’s mental health and suicide prevention. Men are often expected to bottle up their emotions, to be strong, to act tough, to be manly. In the spirit of addressing these toxic societal expectations and supporting men’s health, the Movember campaign advocates for increased awareness and support for men dealing with cancer, mental health complexities and other preventable causes of harm.
I’m proud to say that I’ve been part of the Movember campaign for over 15 years, and thanks to the help of my colleagues and staff, our B.C. Liberal team has raised over $100,000 for the Movember campaign. As far as I know, we’re the only political party in Canada that participates in the Movember campaign, and I encourage everyone to please visit ca.movember.com and donate to our B.C. Liberal team.
With your help, we can do our part to help increase awareness for men’s mental health in British Columbia.
KOOTENAY CULTURE AND ATTRACTIONS
B. Anderson: I’ve had a few folks tell me recently that they have never been to the Kootenays but that they’ve always wanted to go. So I ask them: “When you go to a new place, what do you like exploring?”
If you’re a foodie, the Kootenays is for you. There are dozens of independently owned restaurants that specialize in everything from vegan delights to fancy wieners. Oh, and that’s just on one block of one city. Red Light Ramen has cocktail creations that are ever-evolving and seduce the senses.
If you’re more of a beer guy, you’re in luck. We have so many microbreweries, and we are home to the Columbia Brewery. Why so many? It’s because of the pristine water flowing off the mountains; it’s just so good. I have to say that this summer, the raspberry sour from Wild North was a real thirst-quencher.
If you’re the athletic type, we have hiking and biking trails that can keep you busy for days and, for some of us, a lifetime. Many people race to the trails after work. Head up to Kaslo, and hike the trails like Monica Meadows or Jumbo. Thanks to our government, and in partnership with the Ktunaxa, Qat’muk is wild forever.
Where else do you have the ten-centimetre rule, where the powder days become days off, if you want to keep your staff? If you want to try cat-skiing, you’re in luck. The Kootenays have been named as the best in the world for cat-skiing, multiple times.
Perhaps you’re more into culture. We’re abundant in visual artists and film-makers, and we throw some of the best parties. From Tiny Lights in Ymir to the Kaslo jazz fest, the Kootenays know how to bring people together.
Still want to know more? Check out Kootenay Mountain Culture Magazine or listen to their podcast from the Headwaters. Both have incredible content that takes a deep dive into Kootenay culture.
No matter what you choose to do while you’re in the Kootenays, lean into the unexpected, and embrace Kootenay culture.
Oral Questions
RESPONSE PROGRAMS FOR
MENTAL HEALTH AND ADDICTION
ISSUES
AND ROLE OF POLICE
K. Kirkpatrick: The murder of Burnaby RCMP Const. Shaelyn Yang was a call for action to deal with the massive gaps and missed opportunities in mental health and addiction in this province.
Nineteen months ago Burnaby RCMP begged this government to establish a mental health car program, an integrated crisis response pairing police officers with trained mental health nurses, but the LePard report revealed a shocking fact. The NDP declined the city of Burnaby’s funding request for a mental health police Car model: “Fraser Health declined a proposal from Burnaby RCMP, even though the RCMP…were prepared to allocate a full-time officer, a vehicle and other equipment.”
To the Minister of Mental Health and Addictions, why did this NDP government decline the funding request to establish a safe and proven mental health police car program?
Hon. S. Malcolmson: The tragic death of the RCMP constable in Burnaby on the front line, doing some of the most difficult work that we ask our front-line people, public servants across the province to do, is heartbreaking. It weighs heavily on all of us. We send our condolences, of course, to her family and friends.
The intersection of mental health, substance use and public safety is, of course, something that’s preoccupying everybody, on both sides of the House. That we have, in multiple programs, a pairing of enforcement and of health care is a really important evolution and one that we’re expressing through our programs in many ways. Also, it’s important to assert that, for the most part, people with untreated mental health and addictions are not, themselves, violent. We don’t want to contribute to stigma that prevents people from stepping up and asking for health care support.
There are times that those pieces come together, and that’s why we commissioned the LePard-Butler report. It’s why we commissioned the Police Act review. It’s why, in a number of ways — in some cases through car programs where there is a ride-along service, in other cases with peer-assisted crisis supports, like we’re funding on the North Shore — people in crisis aren’t escalated by the presence of a police officer.
There is more work for us to do in this area, but we are gathering data and evidence on a number of platforms, led by a number of municipalities and a number of health authorities that are tackling this problem together in different ways.
Mr. Speaker: Member for West Vancouver–Capilano, supplemental.
K. Kirkpatrick: I’m not sure that the minister completely understood the question, so I am going to rephrase this.
It is not enough, and it is not fast enough, whatever is happening now. Pairing mental health support workers with police, like the Car 67 program in Surrey, is a proven approach. It’s happening in communities — community-based and community-funded — and we can show that it works.
Over the past five years, this opposition has called for these programs to be expanded. Seven months ago, the all-party police committee called for them to be expanded as well. Now government’s own LePard report calls it a proven approach, blocked by the NDP. How many reports does this government need before they act?
I quote from the LePard report again. They “declined a proposal from Burnaby RCMP,” and “Fraser Health provided no explanation.” This NDP government has ignored every suggestion that we have made related to the crisis on our streets, without explanation.
Why has the NDP blocked integrated mental health teams?
Hon. S. Malcolmson: I don’t agree at all with the member’s characterization.
I’ll go through a number of the programs where we are exactly tackling these problems with integrated police and mental health teams. There is more to come and more to do.
Vancouver Coastal Health has three car programs that are funded through the health authority: Vancouver, North Shore, Richmond. Fraser Health has Car 67 in Surrey. Interior Health has Kamloops and Kelowna. Northern Health has Prince George, Fort St. John, Terrace. Island Health has an integrated mobile response team in the capital region.
In many of the programs — where the previous government started them and we have continued to expand them, ACT teams — there is a police liaison. So the crisis on the front lines, in the streets, often with people who are unhoused, has a direct link to police, and this is what we heard through the Police Act review and through LePard-Butler that are working well and we need to expand.
Most encouragingly, and one that we have a lot of police support for, is instead of asking police to respond to mental health and crisis-on-the-street calls, like on North Shore with the Peer Assisted Crisis Team, it is the peer worker team and the mental health worker team that respond. If they need police backup, then they are called in. We’ve got data on this from the first year. We’re funding this in two more communities. I hope we’ll fund it in more.
P. Milobar: Well, the minister makes it sound like this government has expanded the Car programs across this province, and they flat out have not. That is the core to the problem. Municipality after municipality has been asking for either expanded car services or, in the case of Burnaby, one to be started. They repeatedly get told by this government: no. So for the minister to talk about expanding these programs, it just simply isn’t happening under their watch — full stop.
The NDP have actually taken the word “police” out of police-assisted care teams. That doesn’t appear to be an accident. Internal Ministry of Mental Health and Addictions documents show that the NDP policy changes are designed to defund police mental health teams. The policy document claims that: “Police response can be retraumatizing and can contribute to stigma.”
In light of all the increased violence that mental health response teams are seeing on a day-to-day basis, this simply makes no sense. The NDP appear to be prioritizing their ideological opposition to police over police mental health teams that are proven to work and that communities desperately want expanded.
When will this government stop asking for yet another report to verify what, over the last five years, has become very clear: communities want these programs expanded?
Hon. S. Malcolmson: Again, I completely disagree with the member’s characterization. I know that the Minister of Public Safety will talk about all the ways we’re expanding support for police. I’ve certainly seen it in my own community in Nanaimo.
There’s no question there are times that a police response is needed, and that is why we support people working on the front line in this way. At the same time, team-based approaches are vital, and they are evidenced throughout our government’s approach, particularly in mental health and addictions, particularly in primary health care. And the linkage of police is vital to that. To say otherwise is completely ignoring the facts.
But let me say that the ACT teams in our communities deliver crisis intervention, housing supports and psychiatric treatment, always with the police linkage. The peer-assisted care teams, which I sometimes called peer-assisted crisis teams…. Sorry for the change in acronym.
This program, which my ministry funds, doesn’t have “police” in the name, and it hasn’t, because they’re only called in when needed. Police asked for this in Victoria, in New West and in North Vancouver. We’ve got direct police involvement because they love the fact that they don’t have to get called.
North Shore PACT started operating in November 2021. Since then, and until the end of August of this year, the team was contacted 448 times and only dispatched 75 times, because they were often able to give people the support that they needed.
The PACT team only called for police intervention six times. That means that police keep doing the work of fighting the real crime and getting at the root of illegal drug dealing and the things that are exacerbating what’s on the street, and mental health workers and peer workers give people the care and de-escalation that sometimes is needed.
Mr. Speaker: Member for Kamloops–North Thompson, supplemental.
P. Milobar: Five and a half years the opposition has been calling for the expansion of these programs. Five and a half years mayors and councillors across this province have been calling for the expansion of these programs. The all-party police committee called for the expansion of these programs.
Seven months ago, the LePard report cited these police mental health units as a proven approach. Yet the Minister of Mental Health and Addictions continues to stand up and be in the way of these proven results.
Kamloops has been trying for years to get their Car 40 program expanded. I’ve asked the minister directly, myself, in estimates about that. Prince George has been asking. Surrey’s been asking. Burnaby was flat out told no. Let that sink in for a second. Burnaby was flat out told no.
Perhaps, given that Burnaby was directly asking for it — and Burnaby was directly prepared to have the police resources and cars and equipment; all they needed was nursing help and support — can the minister explain why this government rejected Burnaby’s request for this specific program despite all of the reports over the years that have said that it’s a program that works and should be supported and expanded?
Hon. S. Malcolmson: Why the opposition continues to overlook the fact that peer-assisted care teams, which my ministry is expanding, was the number one recommendation in the LePard-Butler report, was also something that resulted from the all-party budget committee two summers ago, was also brought repeatedly to the Police Act review…. That is something that we are implementing right now — peer-assisted care teams. We’re going to do more. Police have called for them. It takes the pressure off police, and sometimes it gets better results on the ground.
In my own community in Nanaimo, there is a pairing through the health authority and the RCMP of some form of a ride-along program. Those programs do continue to expand. But these are health authority decisions about how they will use their health authority resources, knowing that nurses in particular are in short supply. Sometimes, health authorities make different decisions based on what is on the ground and what their own human resources limitations and restrictions are.
We know how difficult it is to hire nurses right now. But that said, let me be really clear. Let me be very clear. Our government continues to expand support for mental health and addictions. We continue to work very closely with police and with health authorities.
Interjections.
Hon. S. Malcolmson: I have never said no to Burnaby.
Thank you for your heckling, Member.
I have never said no to Burnaby. I continue to meet…
Interjections.
Mr. Speaker: Members. Members, let’s hear the answer, please. Members.
Hon. S. Malcolmson: I continue to work with municipal leaders, health authorities and police about the resources they need to keep people safe.
ENVIRONMENTAL ASSESSMENT FOR
BAMBERTON QUARRY EXPANSION
PROPOSAL
A. Olsen: As local members here know and anybody who lives around the Saanich Inlet knows, it is a special place. It’s fed countless generations of my family. However, throughout the decades it’s also suffered from environmental degradation. There’s been a long history of industrial activity at the Bamberton site. As a young boy, I used to fish underneath that cement plant with my father. The cement plant closed many years ago.
Now, an operator, Malahat Investment Corp., has applied to expand an existing quarry by approximately 47 percent. Under the Environmental Assessment Act, the Reviewable Projects Regulation does not require an existing mine to undertake an environmental assessment — and I’m paraphrasing — if the request to expand is not at least 50 percent of the previously permitted area.
This is a culturally and environmentally significant area, and there is no way to grind down an entire mountainside into construction aggregate without damaging the environment. Without an environmental assessment, we have no idea the extent of the destruction. The regulation as it currently reads is unacceptable. This project may just barely fit under the regulation.
Will the Minister of Environment exercise his discretion and require this mine to undergo an environmental assessment?
Hon. G. Heyman: Thank you to the member for his question and for his concern. I’m aware of the situation. The member has correctly pointed out that the threshold in the Reviewable Projects Regulation is an expansion of area by 50 percent, and this project is 47 percent.
I am in discussion with the environmental assessment office around what they know about this particular project, but the project as it is currently described falls under the threshold of a reviewable project. There has to be very sufficient reason to seek to overrule the regulation as it stands.
Mr. Speaker: Member, for a supplemental.
A. Olsen: Excellent.
The minister knows, as is pointed out in court cases, that there is discretion that the minister could use to review a project. This project actually exposes an absurd loophole that exists in this regulation. In 2019, regulation was amended for new mines. Production capacity exceeding 75,000 tonnes per year now requires an environmental assessment. For context, the Bamberton application under consideration by the Ministry of Mines is to expand extraction to 479,000 tonnes. That’s 6.5 times the volume the environmental assessment considers acceptable for a new project.
If the operators apply every five years or so, like we’ve seen happening, to expand by slightly less than 50 percent of their current operation, they could literally grind down the entire side of the mountain without ever having to undertake an environmental assessment. When I asked the Mines Ministry if I was correct in this, they said it’s up to the Ministry of Environment. “Ask the minister.”
To the Minister of Environment, will he require this application to have an environmental assessment at the Bamberton quarry, and will he change the regulation to close this absurd loophole?
Hon. G. Heyman: The regulation itself is not currently under review. I would point out to the member that whatever threshold level exists, there will be project proposals that come close to it. That, in and of itself, is not enough reason to change a regulation.
As I said to the member, I’m aware of the proposed production expansion of this facility. I’m aware of how close it comes to the area expansion threshold. The member is clearly aware that the minister has discretion to order an assessment. I’ve already expressed that there has to be good and sufficient reason to do that, and I am reviewing the facts of this case.
But the member should also be aware that it is the role of the chief environmental assessment officer, as the statutory decision–maker, to also look at these projects. That official is doing her job, and it is not my job to presume that she is not doing her job. I am being briefed by her to find out what her considerations are, and we will proceed down the path of reviewing projects that come so close to the threshold that they need a good look.
GOVERNMENT ACTION ON MENTAL
HEALTH AND ADDICTION
ISSUES
E. Sturko: I want to go back for a moment to the questions that my colleagues asked with regard to the expansion of the police mental health outreach teams. I want it on the record that it’s clear that the minister believes that she knows better — believes that she knows better than two reports that were commissioned by the NDP: the Police Act review panel, the LePard report.
In fact, she feels that she knows better than police. She thinks that she knows better than mayors of communities, even a former police officer in her own party, the member for Surrey-Guildford, who was advocating for the expansion of these car ride-along programs. They’re programs that put mental health nurses, psychiatric nurses with access to critical information about mental health for people that we are dealing with in the community — but have the protection of police officers….
We’ve seen recently how tragically these kinds of even wellness checks, even giving someone…. Something in the community can go so terribly wrong, as we saw with Constable Yang. This is why we need to have psychiatric nurses riding along with police officers.
I’m sorry that the member seems to know better than the two reports that were issued by her own party recommending the expansion of these programs. The report by the NDP’s handpicked expert, Doug LePard, gives a damning indictment of the record of the incoming soft-on-crime Premier. The incoming Premier not only ran a catch-and-release justice system but also failed to provide proper supports as the minister responsible for supportive housing.
This is what the LePard report says: “Large numbers of formerly homeless people with high risks and high needs have been housed, some in former hotels, but with completely insufficient staff and support.”
When will the NDP fix the appalling record of the incoming soft-on-crime Premier and deliver the mental health supports that people actually need?
Hon. M. Farnworth: I thank the member for her question, though I must say, right off the top, I do find it interesting that today she is praising the author of the report, Doug LePard, whereas a week ago the B.C. Liberal opposition was criticizing Doug LePard as being just a deputy police chief. I think that’s reflective of the approach that the opposition has taken.
The reality is this. We have been working very closely with local governments, with police agencies and with the federal government to ensure that we’ve got the tools, the programs and the laws in place to be able to deal with the challenges that we have been facing in this province — in fact, that provinces right across the country have been facing — when it comes to violent repeat offenders.
It is not a question of saying the minister knows better. We know that health experts are the ones who know what needs to be done. We know that police know what needs to be done. We know that communities know what needs to be done. We also know that one size does not fit all.
Interjections.
Mr. Speaker: Members.
Hon. M. Farnworth: That is why we have a range of tools and options that are available and implemented for communities. They include car programs. They include peer-assisted care teams, which was, as the minister pointed out, the number one recommendation for changes to take place.
Those are changes that are being put in place. We are expanding resources. We know what the record from the other side was when they sat on this side. It was to cut resources to programs, exactly the kind….
Interjections.
Hon. M. Farnworth: You cut and cut and cut social programs.
Interjections.
Mr. Speaker: Members, please.
Hon. M. Farnworth: Thank you, hon. Speaker.
The members seem to think it’s just one program. There is a whole range of programs, a whole range of tools that are required by police and communities. This government is ensuring to work that those programs and those resources are in place right across the province.
Mr. Speaker: Member for Surrey South, supplemental.
E. Sturko: The LePard report makes it clear that the lack of housing supports provided by the NDP has contributed to the four random attacks on people in Vancouver every single day. As the Housing Minister, the incoming soft-on-crime Premier repeatedly warehoused people in housing units without proper supports.
Vancouver police have front-line experience with this. “One shelter with 90 people accounted for 1,000 calls for service in one year. It spun that neighbourhood into crisis overnight. There were no supports for that person in crisis in the middle of the night except for a desk clerk.”
This is the same government that thinks a cup of tea counts as supportive housing.
How is it acceptable for the incoming Premier to promise supportive housing but not to deliver on mental health supports?
Hon. S. Malcolmson: I’m pleased to have another opportunity to rise to say that the introduction to the member’s first question is completely a mischaracterization of everything that I said in the first half of question period.
I’ve never said no to a car program. We are implementing a diversity of approaches. If Fraser Health doesn’t have enough nurses to add to the existing car program that they fund, then…. That is work that we are doing to train up more nurses so that the health authority is able to make broader decisions about how they can dispatch resources.
Let me also read into the record the number one recommendation of LePard-Butler. “We recommend that the provincial government continue to invest in civilian-led — non-police — mental health crisis response teams in collaboration with community service providers — e.g., peer-assisted care teams.”
That’s exactly what we’re doing.
E. Ross: This is typical. This government actually deflects and passes blame onto somebody else.
Talking about health authorities in B.C., you’ve got to remember that these health authorities get their mandates from the government. They get their funding from the government. The orders come from government. So to say that somehow this is all the health authority, that it falls on their shoulders, is false. Government has got to take responsibility.
To say that somehow we’re mischaracterizing what’s happening in B.C., whether we’re talking about the health crisis, whether it’s the drug addiction crisis, the homeless crisis, the prolific offenders crisis…. It’s not us. These are reports commissioned by the government.
The incoming soft-on-crime Premier’s own LePard report says that people are committing crimes just to have access to detox treatment under this government. “Families of offenders living with mental health and substance use needs come to court and are overwhelmed, do not know where to access treatment or cannot afford it and are frustrated that the only way to get access to treatment is to commit a criminal offence.”
Do you want to hear the last bit again? “The only way to get access to treatment is to commit a criminal offence.” This is coming from the LePard report commissioned by this government.
My question is to the Minister of Mental Health and Addictions. When will the Minister of Mental Health and Addictions stop forcing people to get arrested just to get access to treatment?
Hon. S. Malcolmson: The tragic loss of life across British Columbia because of the increasingly toxic drug supply is something that consumes our work every day. It directly informs what we hear from police, what we hear from courtworkers, what we hear from the First Nations Justice Council, what we hear from peers, people with lived experience, families that have lost loved ones. It informs everything we do.
There was not a continuum of care in place when we formed government. That’s why my ministry was created — to work with health authorities and every ministry to build up just the kinds of supports that we continue to hear people need. Prescribed safe supply. Opening hundreds of new addiction treatment beds. Re-regulating this sector, which the previous government deregulated, the treatment and recovery sector. Going from one supervised consumption site in 2017 to now 40-plus — a great number of them.
Enforcement, working with partners, prevention, harm reduction treatment, recovery, across every piece of the continuum, and mental health crisis supports as well. We are building up more supports, and there is so much more for us to do.
There’s no question. The continued loss of life says that further work is necessary. We continue to evolve our response and add more ways to save lives and guide people towards treatment, because lives are at stake.
RESIDENTIAL MENTAL HEALTH
CARE BEDS IN WHITE
ROCK
T. Halford: I must say that the lack of accountability from this minister in this House today is absolutely staggering.
Buena Vista Lodge has provided residential care beds in White Rock for decades. Last month they received news from this government that the mental health beds they provide are being cut. This is the letter they received from Fraser Health: “You have been caring providers and have provided excellent service to clients at the site. However, the process we have embarked on for bed replacement has dedicated resources to other projects.” These are 12 beds that are leaving the community, with no explanation.
This isn’t the first time my community has seen this. We saw the closure of Good Shepherd Lodge. That was 30 beds, 30 beds that were not replaced by this minister. This minister can stand in this House and say that the blame falls on health authorities, but the blame falls on this minister for not having accountability in her own file.
Why is this minister cutting beds in the middle of a mental health crisis?
Hon. S. Malcolmson: Mr. Speaker, I welcome the member letting me know any details about the facility that he describes. I….
Interjections.
Mr. Speaker: Shhh. Members.
Hon. S. Malcolmson: No, please, I welcome the….
Interjection.
Mr. Speaker: Member, please.
Interjection.
Mr. Speaker: Member, you just asked a question. Let’s hear the answer, Member.
Minister.
Hon. S. Malcolmson: In every health authority, we have opened more addiction treatment and recovery beds and more mental health beds than there have ever been in the history of the province.
Just ten days ago I was in Cranbrook opening another ten beds. In Chilliwack, in Coquitlam, in Northern Health, in Interior Health, in Kelowna, in Kamloops, in….
Interjections.
Mr. Speaker: Members. Members, the minister has the floor.
Interjection.
Mr. Speaker: Thank you, Member. Thank you.
The minister will continue.
Hon. S. Malcolmson: Through every health authority, with our half-billion-dollar investment in Budget 2021, we are opening more treatment and recovery beds. I just got another briefing yesterday about the new ones that are opening.
Now, the….
Interjections.
Mr. Speaker: Members, let the minister finish, please.
Hon. S. Malcolmson: The member knows well that there are always contracts that come to an end, sometimes when the operators themselves do not want to carry the work on.
The direction that I’ve given to every health authority….
Interjections.
Mr. Speaker: Members, please.
Hon. S. Malcolmson: We’re building the system of care that the members opposite refused to do when they had the chance.
[End of question period.]
Reports from Committees
HEALTH COMMITTEE
N. Sharma: I have the honour to present the report of the Select Standing Committee on Health, for the third session of the 42nd parliament, entitled Closing Gaps, Reducing Barriers: Expanding the Response to the Toxic Drug and Overdose Crisis.
I move that the report be taken as read and received.
Motion approved.
N. Sharma: I ask leave of the House to move a motion to adopt the report.
Leave granted.
N. Sharma: In moving adoption of this report, I would like to make some brief comments.
As the House knows, the drug toxicity and overdose crisis remains a health emergency in B.C., with nearly six people dying every day. This staggering loss gave urgency to our committee’s work. The grief and loss of this crisis also permeated every meeting of this committee. I know it was carried by each of us personally and by all of the presenters.
Over the course of six months, this committee met over 35 times, listened to 118 presenters and reviewed 800 public submissions. We heard from as many British Columbians as we could, including people who use drugs, and their loved ones; international experts; policy-makers; researchers; and those working on the front lines of this crisis. In total, nearly 1,000 organizations and individuals shared their stories and perspectives with the committee.
The toxic drug supply knows no borders and is hitting communities around the world. We focused on finding solutions for B.C. to stem the tide. One presenter called this a wicked problem, one with terrible outcomes, multiple causes and multiple solutions. When solutions are developed and administered tirelessly by front-line workers, the problem shifts — in this case, with an even more increasing toxic supply.
It was clear to the committee that treatment and recovery; harm reduction, including safer supply; enforcement and prevention are all key parts of the solution. In this report, where there was progress and investment, we acknowledged that progress. The bulk of our committee’s recommendations aim to address the remaining gaps and barriers we learned about to ensure that all British Columbians can access high-quality treatment and care when they need it.
What we heard is that some British Columbians are not able to access life-saving supports and services. Sometimes this is because there are gaps in services that mean they don’t exist in their community or don’t fit their needs. Other times, it’s because there are barriers that exist, whether these are the arduous requirements for receiving medication, wait-lists for entering treatment programs or spaces that are not welcoming to people.
This committee also discussed several principles that members felt must underpin the government’s ongoing response to this crisis. These included urgency; ensuring equitable life-saving services in all parts of the province; offering a multitude of substance use care to meet people where they’re at, rather than a one-size-fits-all solution; building opportunities for connection through ensuring that every touchpoint with government services by individuals at risk connects them with community networks, resources and supports; ensuring that there are evidence-based standards and oversight for service providers; including people who use drugs in designing policies and programs that will affect their health and safety.
It is our belief that moving out of this public health emergency will require not just policy-makers and key investments but all British Columbians to put aside any preconceived notions about this crisis and, fundamentally, to address our society’s deeply held stigma towards people who use drugs. It is clear that we need to work collectively to find and focus on solutions that will save lives and help people achieve wellness.
It is our hope that this committee’s report and its recommendations are a step in this direction. Each committee member comes from different parts of B.C., has different political affiliations and lived experience. Yet we all came together to build consensus and meet at our places of agreement. Ultimately, the work of this committee was an act of solidarity with all British Columbians impacted by this crisis.
I’d like to thank all committee members for their commitment and contributions to our robust debate throughout this process. In particular, I’d like to recognize the Deputy Chair, the member for Prince George–Valemount, for her support and assistance. She is fierce with her convictions and is clearly an individual who shows up tirelessly and shows up every day with the intention to make this province better, and I’m grateful for that.
I want to also thank the Leader of the Third Party for all her compassionate and valuable contributions and helping us always to focus on the people impacted.
To the member for Abbotsford-Mission, the member for North Vancouver–Seymour, the member for Courtney-Comox, the member for Nanaimo–North Cowichan, the member for Surrey-Cloverdale, the member for Peace River North and the member for Surrey–White Rock, thank you all very much for your dedication and invaluable contributions to this report.
As members of this House are no doubt aware, there’s a considerable amount of work behind the scenes to support the parliamentary committee. On behalf of the committee, I’d like to acknowledge and extend our appreciation to the Legislative Assembly staff.
I’d like to thank the Clerk of the committee, Artour Sogomonian, for his commitment to deadlines and keeping us moving; and from the Parliamentary Committees Office, Darryl Hol, for his tireless and patient work; and all team members, including Lisa Hill, Katey Stickle, Natalie Beaton, Jesse Gordon, Mary Heeg, Jonathan Hamilton, Victor Lucy, Mary Newell, Emma Curtis, Jianding Bai and Katey Flechl.
From IT, thank you to Darren Parfitt.
From Hansard Services, thank you to Simon DeLaat, Amanda Heffelfinger, Billy Young, Dwight Schmidt and all the entire Hansard broadcasting, transcribing and publishing team. I’d like to express this committee’s sincere appreciation to everyone who took time to provide us with input for this report and for all front-line workers who are saving lives every day.
To British Columbians who have suffered losses at the hands of this poisonous drug supply, we are truly sorry for your loss.
S. Bond: I would like to join with the Chair in thanking the incredible staff that helped support the work of the committee, in particular Artour. As I understand, this may have been one of the first times he’s clerked for a committee — hopefully, not his last. He certainly kept us on time and was a very, very important part of the work that we did, so we’re very grateful for that.
I also want to recognize the Chair of the committee specifically, the member for Vancouver-Hastings. She did an exceptional job of chairing this committee. She listened carefully, allowing space for complex and emotional discussions and finding ways to allow members to speak candidly. She did an incredibly skilful job, and for that, we are most grateful.
I also want to recognize the Leader of the Third Party — always present, always passionate and never afraid to remind us of the important work that needed to be done. I want her to know that we appreciate that she did her homework and contributed in many important ways.
As we table this report today, I think back over the months of work that was done. We heard in person, as our Chair noted, from hundreds of people and received feedback from over 800 groups or individuals. We listened, we read, and we debated the steps that need to be taken. There are some important themes that emerged.
We looked at who is dying. The majority of people that are dying are young men, using alone, many working in the trades, transportation and as equipment operators. Indigenous people are dying at significantly higher rates, and in particular, Indigenous women — in fact, 9.8 times more frequently than other women in our province. Young people and children are also impacted. Our neighbors, our friends and our family members.
We also learned about missed opportunities. Over and over again, we heard that there is a lack of coordination between ministries and organizations. We heard that over 70 percent of people who died had a visit with a health professional less than three months before their death, and 30 percent of those people had ten or more visits in the three months prior to their death. People recently released from prison died at seven times the rate of other B.C. residents. The committee learned that those are critical and important touchpoints.
Something is desperately wrong, and it must be fixed. Others who provided input spoke passionately about the window of opportunity — that moment when people courageously ask for help. What did we learn? Wait-lists. Lack of resources, made even more challenging if you live in a rural or remote area of this province. It meant that that window was missed. We must do so much better.
As a committee, we also want desperately for the actions that are taken to be urgent, dealing with this health crisis just as we did with the pandemic. We want to move beyond facing a crisis month after month after month. The report outlines the need for a continuum of care. That starts with prevention and education, finding the words and the ways to talk about the risk of drug use, giving children and families information, support and tools.
But it was also very interesting to note that the most frequent issues that were raised with the committee were related to the ability to access treatment and recovery. Many presentations and submissions to the committee indicated there are long wait-lists, if service is available at all, depending on where you live in our province. In fact, we heard that many individuals may die on wait-lists before being able to access service.
It is absolutely critical that there be a substantive expansion of publicly funded and accredited treatment and recovery services. As we move forward, it is essential that we increase transparency and accountability. The report includes recommendations related to the collection of data, the creation of regulations and standards and the need to outline specific outcomes that can be evaluated and must be publicly reported.
While there is so much more that I could comment on, I would like to end with these observations. The committee went on a journey, and I can assure you the discussions were not always easy. But we worked hard to listen carefully to those who had the courage to share their stories, and also, we listened to each other. It is our hope that just as we engaged in difficult conversations, British Columbians will do that as well and that as the government considers these recommendations, they will move quickly to ensure that we have a continuum of care that includes prevention, education, harm reduction, treatment and recovery.
The title says it all: closing the gaps, reducing the barriers, expanding the response to the toxic drug and overdose crisis. We must see significant investment across the entire continuum of care. We need a sense of urgency, and we need to evaluate, monitor and report publicly.
I’m so grateful to the people who participated in this process and stepped up to provide us with input. The report says, in relation to the recommendations tabled today: “Many are actions that need to be taken immediately to save lives.” And it is our committee’s hope that implementing them now will move B.C. out of this public health emergency.
S. Furstenau: I, too, want to start by thanking my fellow committee members; and, in particular, the Chair, the member for Vancouver-Hastings, and the Deputy Chair, the member for Prince George–Valemount. I am so grateful for the commitment and hard work that they brought and that all members of the committee brought to this effort.
A huge amount of work was also done by the Clerk’s office, led by Artour Sogomonian and Darryl Hol with their team. It is extraordinary how quickly they were able to turn this around and produce this report. I’m grateful for their hard work and diligence and also to Hansard staff, especially to Billy Young and Amanda Heffelfinger who brought the equipment to Vancouver, set it up and took it down every time. That’s an enormous amount of work.
The report being presented to the Legislature today captures what we heard about the ongoing drug poisoning crisis, a crisis that was declared a health emergency over six years ago. Since that time, more than 10,000 people have been killed by drug poisonings. Not overdose — they did not take too much of a drug. Ten thousand people used a drug that was deadly, either because it had too much fentanyl or because it had a combination of substances that was deadly.
This past Friday night a group of teens used drugs. One, an 18-year-old named Kylie Walker, was killed by those drugs. She is the grand-niece of Cowichan school trustee and Cowichan Tribes member, and my friend, Joe Thorne. After hearing the news, Joe drove around Duncan that evening, warning people, especially youth, that the drugs that were circulating were deadly.
At the Ministry of Health building on Blanshard, a mom whose 25-year-old son, Aubrey, was killed by toxic drugs, has been running a marathon each day around that building, trying to get the government to ensure that a safe supply of drugs is available and that information on how to access that safe supply is available to people who need it, when they need it.
This is the reality of the crisis: mothers, fathers, uncles, grandparents, brothers, sisters, children, friends — all left to grieve the loss of people they love, people who access drugs from an illicit, chaotic and toxic supply.
Almost all of us in this chamber start our day with our drug of choice. Mine is in the form of two shots of espresso, with hot water and cream added. Without it, I have trouble thinking clearly and I have trouble focusing on my work. If I wait until the afternoon, a withdrawal symptom in the form of a headache will kick in. It’s not intolerable, but it certainly diminishes my productivity. If I’m having a particularly busy or demanding day, I will have a second dose of caffeine, which will provide me with a shot of sometimes-manic energy.
At the end of the working day, many of us will use another drug of choice. Perhaps it’s a glass or two of alcohol, which has some increasingly well-documented harmful effects on our bodies and our long-term health, including increasing our risk of a variety of cancers. Nonetheless, alcohol is advertised, celebrated, considered a perfectly acceptable part of our culture and society.
Alcohol has not always been legal in this country. In fact, it was prohibited, and when it was prohibited, it didn’t prevent people from using it. It just made it much more dangerous to do so. You might have lost your sight. You might have lost your life. Ultimately, the government moved from prohibition to regulation, ensuring that when people used alcohol, it was not going to poison them, unless they made the choice to overdose by consuming too much of it.
People, perhaps, will use tobacco or nicotine delivered by vape. Perhaps they will use cannabis purchased at a government-run store. Each of these drugs is also regulated and taxed with tax revenues flowing back to government. Each of these drugs is detrimental to people’s health, with risks increasing with the volume of use, and each of these drugs creates a cost to our health care system. But we don’t ascribe a moral failing to the people who use them. We don’t insist that they need to be fixed or healed.
This is what we heard over and over again from presenters, whether they were health officers or researchers, drug users or doctors. Drug use is part of the society that we live in, drug use exists on a spectrum, and drug use is not going to stop because some policy-makers wish that it would. Yes, there are people who use drugs who are dealing with addiction, people who want access to treatment and recovery, but not all drug use is a result of addiction, and not all drug users need to be treated for addiction.
But in B.C., accessing drugs that are not regulated means risking one’s life, because the chaos of the illicit drug market is deadly, and it is killing six people every day. Some of those people may use drugs every day, some may use on weekends or as infrequently as once a year, and some may be trying drugs for the first time in their lives.
On May 14, 2021, our caucus wrote a letter to the Premier and interim Leader of the Official Opposition requesting an all-party committee to create the kind of collaboration necessary that could deliver immediate and long-term solutions to this crisis. We proposed that the committee could have worked over the summer of 2021 and brought recommendations to the House that fall. The official opposition wrote a letter in response supporting this. It took nearly ten months for the Premier to agree to give a mandate to the Select Standing Committee on Health to do this work.
Today’s report is a reflection of what the committee heard, what the committee discussed and the recommendations that the committee was able to reach consensus on. The recommendations are not particularly surprising or even particularly profound. They reflect what has been called for by the coroners death review panels and by health officials and advocates, although some of the recommendations in this report are not as strong as we’ve heard before.
The 2018 coroners death review panel had three recommendations — “ensure accountability for the substance use system of care,” including standards and regulations for evidence-based addiction treatment; “expand opioid agonist treatment and assessment of substance use disorders”; and “expand drug use safety options.” These are reflected in recommendations in today’s report, 4½ years later.
In March of this year, seven months ago, another coroners death panel released another report on illicit drug toxicity deaths. In that report, the recommendations were to ensure a safer drug supply to those at risk of dying from the toxic illicit drug supply, to develop a 30/60/90-day illicit drug toxicity action plan with ongoing monitoring and to establish an evidence-based continuum of care.
Today’s report also recommends there be an evidence-based continuum of care and recommends that government fund measures to ensure that a prescribed safer supply of substances is available in all areas of the province.
In these reports, people tend to read the executive summary and the recommendations. I urge people to focus on the what-we-heard sections. It is in these parts of the reports that you will see the reality of this crisis reflected.
We heard over and over again that there are misconceptions about who is impacted — among the people most impacted are young men, people working in trades, transport-equipment operators, Indigenous people and, in particular, Indigenous women — and that substance use for them is driven by ongoing colonialism, racism and intergenerational trauma. We heard that mental health supports are lacking and underfunded. We heard that drug use is polarizing and that political sensitivity has inhibited governments from taking bold action.
We heard that overdose prevention sites and drug checking are critical to preventing deaths, but many communities don’t have them. We heard about safe supply, over and again. We heard that non-prescriber models are critical to saving lives. We heard that the drug poisoning crisis before us is well beyond the capacity of our current prescriber-based model. We heard from the B.C. Association of Chiefs of Police to expand access to low-barrier safe supply.
Did our recommendations fully reflect all that we heard? No, they didn’t. Some of the recommendations that I think merit particular attention include reiterating the need for a review of the Mental Health Act and incorporating mental health into our health care system. We also need to recognize that, as government, ensuring that people have their basic needs met has to be a priority. People need housing. They need access to healthy food. They need connection and community. They need reliable health care. They need access to lifelong education and learning.
I will end with an excerpt from Gabor Maté’s new book, The Myth of Normal: “Addictions represent, in their onset, the defences of an organism against suffering that it does not know how to endure. In other words, we are looking at a natural response to unnatural circumstances, an attempt to sooth the pain of injuries incurred in childhood and stresses sustained in adulthood.”
Today’s report is important, and it documents the input that this committee heard from a wide range of people and experts and people who use drugs. It is yet another call to action, one of many since this health emergency was declared. That action should be rooted in making our province, our society one that creates healthier conditions for all children and adults.
It is now up to government, as it has always been up to government, to take action. This will take courage and political will, and I hope to see both of these in the days and weeks to come.
Mr. Speaker: The question is the adoption of the report.
Motion approved.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call second reading, Bill 41, Workers Compensation Amendment Act.
In Section A, the Douglas Fir Room, I call committee stage, Bill 36, Health Professions and Occupations Act.
[J. Tegart in the chair.]
Second Reading of Bills
BILL 41 — WORKERS COMPENSATION
AMENDMENT ACT
(No. 2), 2022
Hon. H. Bains: I move that Bill 41 be read a second time now.
It is a continuing priority for this government to ensure that work is undertaken to further enhance the workers compensation system in British Columbia and ensure that it is clearly focused on providing the necessary support for injured workers and their families. The bill makes important improvements to British Columbia’s workers compensation system that will support government’s priorities for the system.
There are three main support systems that we are trying to improve here. First, enhance worker and employer confidence in the system. Ensure fair compensation for injured workers and surviving dependents. Have a worker-centric focus that also considers employers’ interests. These amendments act upon the recommendations from several expert reports received by government since 2017. This work has included focused consultation to ensure that employers, workers and other stakeholders all have a voice in building a more balanced workers compensation system.
This House has often heard me say that it is critical that every worker who goes to work in the morning comes home safe and healthy at the end of their shift. Anything less is not acceptable to me, not acceptable to their families and certainly not acceptable to that worker, whether those injuries be in the form of an obvious or immediate physical injury, exposure to hazardous and dangerous materials at the workplace that result in serious illness and death, or injuries that are psychological in nature by being exposed to traumatic events in the course of undertaking workplace duties.
However, such unacceptable injuries do happen. Workers in British Columbia do sometimes suffer a workplace injury or even a tragic fatality. It is essential that the workers compensation system be there for these workers and their families. This means that the system must not only provide appropriate compensation and support services but that these critical supports be provided in a timely, effective, efficient and professional manner.
It is also vital that both workers and employers have full confidence and trust in all elements of the system. It is not good enough that this system is effective and fine-tuned. The perception and reality that all parties are being treated fairly, with the fullest respect and consideration and in a timely way, is also most important.
It is with these key foundations in mind that I am pleased to speak on the systemic improvement that Bill 41 brings out. Before I address each of these improvements in some detail, I will first outline the actions that this government has taken since 2017 to bring about substantive changes to British Columbia’s workers compensation system.
In 2018, this government passed Bill 9, the Workers Compensation Amendment Act, 2018, which added a presumption for first responders who experience trauma as a result of their work and which results in a diagnosed mental health injury or mental disorder. The amendment included authority to add other occupations by regulations. Effective April 2019, government amended the Mental Disorder Presumption Regulation to ensure that nurses, emergency dispatchers and publicly funded health care assistants are provided the mental disorder presumption for work-related trauma.
In 2019, the government passed Bill 18, the Workers Compensation Amendment Act, 2019, which expanded the definition of firefighters who are eligible for these three workers compensation presumptions currently available to firefighters — that is, the presumption for certain cancers, for heart disease and heart injury, and for mental health disorders.
Related to this, since 2017, government has added a number of cancers to the Firefighters Occupational Disease Regulation to ensure that those diseases are also covered by the cancer presumption for firefighters.
In 2020 government introduced Bill 23, which provided key amendments to the Workers Compensation Act, which includes increasing the maximum earnings threshold for calculating workers compensation to bring B.C. more in line with other Canadian jurisdictions; enhancing WorkSafeBC’s occupational health and safety investigation framework to support the health and safety of British Columbia workers; enhancing the operational effectiveness of the workers compensation system, such as expanding WorkSafeBC’s authority to reconsider a decision on its own initiative beyond the 75-day time limit to do so, in the case of an obvious error or omission; and also allow WorkSafeBC to determine a worker’s retirement date when the worker is over, say, 63.
I just want to touch on that. The current system that was brought in by the previous government…. Even if you are age 30, a very early age…. You are just a few years at a workplace, and you suffered a permanent disability, and you were awarded a disability pension. It was determined at that time, whether you’re age 25 or age 30, that you will be retiring at age 65. A worker has no way to prove that, no, they actually would be working beyond age 65.
We made those changes now so that, closer to their retirement, age 63 would be the right time where the worker can determine and convince WorkSafeBC that, actually, their conditions or circumstances, their environment, their health clearly show that they will be working past age 65. So it is a much better system now to actually have a real age of retirement for those workers who are receiving disability pensions.
The next thing was adding a provision to shorten the statutory time frame for WorkSafeBC to introduce an occupational disease presumption for COVID-19 so that workers in occupations impacted by COVID-19 would have quicker access to workers compensation benefits.
Most recently, on February 16 of this year, I introduced Bill 5, Workers Compensation Amendment Act, 2022. This legislation brings in new protections to help keep workers safe from the dangers of asbestos exposure. These amendments will require asbestos abatement contractors to be licensed to operate in B.C. and will require workers and employers who perform asbestos abatement work to complete mandatory safety training and certification.
WorkSafeBC is actively working to implement these important and life-saving measures. The number of deaths that WorkSafeBC handles each year…. Over 40 percent of them are related to asbestos exposure that took place 15, 20 and 30 years ago, so it is paramount that we deal with it now. That’s why that particular legislation is so important. Now the asbestos abatement workers and contractors all must receive this training and certification so that they know the dangers of asbestos exposure and know how to protect themselves.
I think this would be a huge step forward. It was the result of work, cross-ministry — people that were involved in it, the workers, their representatives, the employers who are in that field. I just want to say thank you for educating us, bringing that to our attention and giving us the recommendations to put that legislation. It is so important that the House supported that at that time.
In addition to those legislative changes, WorkSafeBC has made a number of policy, practice and program changes to improve services. Government and WorkSafeBC have taken actions to improve the workers compensation system in British Columbia. However, as I noted in my December 2021 public statement, there is still more work that needs to be done.
Bill 41 is another step to improve the system and ensure it is worker-centric. It is important to note that each of the changes in Bill 41 are enabling B.C. to catch up to similar measures that exist in other Canadian jurisdictions. In that way, we are ensuring our workers compensation system is, at minimum, among the best and most current in Canada.
I will now turn my attention to providing comments on each of the improvements to the workers compensation system that were brought about as a result of these amendments to the Workers Compensation Act. I’d like to begin by addressing a key amendment that will significantly improve the fairness of the annual inflation adjustment to compensation benefits provided to injured workers and surviving dependents.
British Columbians are concerned about the inflationary pressures they are facing in their daily lives, whether it be the cost of groceries, gasoline, day-to-day essentials or other purchases. Whether they be workers, students, retirees or businesses and employers, everyone is feeling the stress of rising prices.
I would suggest that these pressures are especially felt by people on a fixed income or benefits such as those provided to injured workers who rely on the workers compensation system. The problem is that although some British Columbians have such benefits and payments regularly adjusted for inflation, injured workers and survivors in B.C. have been placed at a distinct and pressing disadvantage in keeping up with the rising prices.
In 2002, the government of the day reduced cost-of-living increases for workers compensation benefits from being indexed at a full rate of changes to the consumer price index, or CPI, to being indexed at an annual change in CPI of minus 1 percent. Now think about this. The cost is going up 2 percent, 3 percent and, recently, a much higher rate, but their pensions are capped at CPI minus 1 percent.
They also put an additional cap on…. The maximum that could go is 4 percent. It was the legislative actions by that government that capped the maximum annual indexation at 4 percent, even when inflation is above the amount. Year after year, since 2002, injured workers have helplessly witnessed their purchasing power erode through no fault of their own.
I will repeat. The current adjustment is CPI minus 1 percent. That’s what we have today. That was left and put in place by the government of the day in 2002. Therefore, unless inflation is zero percent on an annual basis, which you never see, a worker who has been injured on the job and is depending on workers compensation benefits to get by, day to day and month to month, has automatically seen their income diminish in the face of inflation.
The cumulative impact of this policy for workers who were injured in 2002 and are still in receipt of benefits is enormous and unfair. In fact, it is punitive, and this needs to be changed.
Bill 41 amends the act to improve how compensation benefits are adjusted for cost-of-living increases so payments are fully indexed to inflation up to 4 percent. Further, the bill will provide WorkSafeBC with the discretion to approve a higher adjustment when inflation, as measured by the CPI, exceeds 4 percent.
This amendment will ensure that the cost-of-living increases better support the long-term financial well-being of injured workers and their families in the future. At the same time, giving WorkSafeBC the discretion to exceed the 4 percent cap in years of higher inflation provides a measure of financial protection for the accident fund and employer premiums while allowing a higher inflation adjustment when the system can afford it.
It also points out that most other Canadian jurisdictions provide for full cost-of-living indexing for compensation benefits. Only Alberta and Nova Scotia make a reduction from a full rate of CPI. Both deduct one-half of a percentage point, not the 1 percent that British Columbia currently has.
I will now turn the House’s attention to the next key improvement that these amendments bring about: providing for a legal duty for an employer to return injured workers to work.
Currently British Columbia, again, is the only jurisdiction in Canada to not provide clear and legislated requirements in its workers compensation legislation for the duty to accommodate injured workers and an obligation to return such workers back into the workplace.
It is time for British Columbia to catch up. It is time for British Columbia’s injured workers to be and enjoy the benefits that all other workers all across Canada enjoy, requiring employers and workers to cooperate with each other and with WorkSafeBC to return workers to their pre-injury employment or, where it is not possible, to other suitable work, and support a more effective and fair system in this province. Moreover, a better return-to-work outcome for workers also supports more productive workplaces.
Also, it is the right thing to do. When a worker goes to work, it’s the workers and employers working together that run that factory or that operation. It’s together that they are making workplaces safer. It is a joint responsibility to make sure that when the worker is injured at the workplace….
As for the great compromise of 1917, where a worker who is injured at a workplace is looked after, is supported through medical support and returns to their pre-injury job where there is a possibility…. That is the minimum requirement we should all have. That was the compromise that was made at that time. So we want to bring it back to make sure that workers enjoy the same rights as all other workers all across the country.
Also, it’s important. Although the duty to accommodate a person with a disability is required under B.C. human rights legislation, expert reviews have emphasized the importance of codifying their re-employment and duty-to-accommodate principles into the Workers Compensation Act to make clear the exact natures of the obligations, upon whom they fall, and the consequences of non-compliance.
These amendments also provide that the employers with fewer than 20 workers will be provided an exemption from the duty-to-accommodate provisions. This provision aligned with Janet Patterson’s recommendation that this provision be provided in alignment with Ontario. Larger employers are better able and equipped to provide staffing options and workplace duty allocations to accommodate injured workers back into work environments, as opposed to smaller worksites that may not provide that flexibility.
There must be consequences for employers who fail to comply with these important provisions. Bill 41 provides that WorkSafeBC may, at its discretion, impose an administrative penalty on an employer who has failed to comply with the duty to cooperate and the duty to maintain employment. These amendments will provide WorkSafeBC with the discretion to determine the penalty to be applied, and it specifies that WorkSafeBC must notify the employer in the appropriate manner.
I would like to provide comments on another amendment that provides a fundamental improvement to the workers compensation system here in B.C., an improvement that perhaps many of those listening to my comments think already exists. They it take for granted, but it does not exist.
I’m referring to the amendment that addresses the unethical and, to be frank, despicable practice of claim suppression. Claim suppression occurs when an employer acts to discourage a worker from filing a workers compensation claim or to punish them for doing so through dismissal, discipline or other retaliatory actions. It happens. I’ve seen it happen. Many people probably have come to your offices and have told those MLA offices that it is happening.
That is wrong. It is the responsibility of the employer to make sure that the health and safety of the worker is maintained and enhanced. It is their responsibility, when an injury or illness at a workplace occurs, to report it to workers compensation, not to discourage workers from filing a claim, not to punish a worker when they are exercising the legal right that they have — and they are exercising that legal right.
British Columbia’s workers compensation system provides no-fault compensation benefits for work-related injuries, diseases, mental health disorders and fatalities. The system, as I mentioned before, has been in place since 1917, based on the so-called “historic compromise,” whereby the employer funds both compensation for workers and their surviving dependents and the regulation of workplace health and safety. In return, employers avoid litigation over workplace incidents. That was the compromise. That is the basic principle behind the workers compensation system in British Columbia and elsewhere. We cannot ignore that fact.
What claims suppression does is to actively and intentionally deny or frustrate an injured worker from exercising their legal right, under the Workers Compensation Act, to file a compensation claim and to receive the benefits to which they are entitled for an injury sustained at work. As I indicated before, it may be an unpleasant surprise, for members of this House, to be informed that this practice is not already strictly prohibited. That is a surprise for many who may think that this already exists, but it does not in British Columbia, thanks to the previous government’s changes.
To remedy the situation, amendments to the act contained in Bill 41 add explicit provisions prohibiting employers from discouraging workers from filing a workers compensation claim, with enforcement through occupational health and safety penalty provisions, including orders and financial penalties.
Prohibiting claims suppression will help to ensure that work-related injuries and diseases are funded out of the workers compensation system, as intended, rather than through the public health system, at a cost to the taxpayers. That is because an injured worker will still need medical attention and treatment. The taxpayers should not be paying for this, for injuries sustained at work. Otherwise, what is the workers compensation system for? That’s a basic fundamental: if you’re injured at work, you’re looked after through the workers compensation system, not the public health system. So we are putting an end to that.
It is, again, important to note the actions that other Canadian jurisdictions have taken to address claims suppression. Manitoba, Ontario, Quebec, Nova Scotia, New Brunswick, P.E.I. and the Yukon all have legislative provisions explicitly prohibiting claims suppression. While we are catching up with other jurisdictions, it is important to note that the new provisions will mirror the provisions that are already in the act and that prohibit an employer from retaliating against a worker for reporting an injury or raising a health and safety concern.
The next two improvements I would like to address concern the fundamental, overarching issue of confidence. Is there confidence? It means confidence in there being fair processes and fair treatment at WorkSafeBC, confidence in the medical decisions concerning a worker’s physical or psychological condition, and confidence in the workers compensation system as a whole.
With this bill, another improvement will be to establish a fair practices commissioner, whose office will be established in a way that will enhance its independence from the rest of WorkSafeBC. The fair practices commissioner will be appointed directly by the WorkSafeBC board of directors.
The amendments also lay out the purpose and function of the commissioner: to investigate complaints, by both workers and employers, of alleged unfairness in dealing with WorkSafeBC, including systemic issues, and to make recommendations to WorkSafeBC for resolving such complaints.
By establishing a more independent fair practices commissioner compared to the current fair practices office, the provisions of Bill 41 will ensure that WorkSafeBC delivers services to and addresses complaints from workers and employers in a fair, impartial and respectful manner with more transparency, given a new requirement for the commission to produce an annual report.
The second amendment that is directly related to confidence, certainly, and even peace of mind is the issue of independent medical opinions. The provisions in Bill 41 will allow worker- or employer-initiated independent medical opinions to be requested as part of an appeal to the external Workers Compensation Appeal Tribunal. Such a request will be permitted after the avenues to address medical disputes at WorkSafeBC and its internal review divisions have been pursued. The provisions will increase both worker and employer confidence in the appeal system when the worker’s medical condition is at issue.
The worker or employer will be able to request that the tribunal retain an independent health professional. This health professional will provide additional advice and assistance on the medical issue, which the tribunal will consider when deciding the appeal. Several Canadian jurisdictions already provide workers or employers with the right to request an independent medical opinion. Saskatchewan workers have the right. In Ontario and Quebec, employers have the right, while in Manitoba, both workers and employers have the right to request an independent medical opinion.
I would like to comment also on an amendment that will provide a financial benefit to certain injured workers. Currently, interest on delayed compensation must be paid only in very limited and narrow circumstances. The proposed amendments to the act will add an additional broader requirement for interest to be paid on compensation owed as a result of WorkSafeBC’s review division or Workers Compensation Appeal Tribunal decision where the worker has been entitled to that compensation for 180 or more days.
This improvement is about providing interest payment to injured workers who have gone without financial support which they were entitled to. This is both an important fairness and accountability measure. It is important to note that in this instance, as well, British Columbia is currently not in alignment with several other Canadian jurisdictions. Quebec, Newfoundland and the Yukon have legislative provisions for interest payments. Alberta, Saskatchewan and Ontario provide for interest payments by policy.
Finally, I would like to address the last improvement. This improvement addresses an issue that will be of benefit to workers who have suffered non-traumatic hearing loss as a result of their workplace duties and activities but who continue to work, with no loss of income. The Workers Compensation Act currently caps compensation for this situation at 15 percent of the total disability. The proposed amendments will allow WorkSafeBC to increase the cap for non-traumatic hearing loss without the need for further legislative changes.
Especially, this amendment will remove the 15 percent cap from the provisions of the Workers Compensation Act and provide the authority to WorkSafeBC to determine the cap by regulation. It is important to point out that every other jurisdiction in Canada compensates non-traumatic hearing loss at greater than 15 percent of total disability. British Columbia is clearly behind in this respect, and this situation needs to be addressed by way of these amendments.
This government is committed to a sustainable workers compensation system, with affordable and stable premiums paid by the employer that places injured workers at the centre. I can assure all employers throughout British Columbia that government recognizes the importance of a WorkSafeBC accident fund that is healthy and sustainable.
[Mr. Speaker in the chair.]
The important changes introduced today will not lead to an increase in WorkSafeBC’s 2023 base premium rate, which was confirmed last week at 1.55 percent — unchanged since 2018. For 2024-2025, these amendments and the impact on the premiums…. The board will consider a number of factors and determine those premiums in the coming years.
Changes over the longer term will be determined by many factors, including provincial injury rates, return-to-work performances, claim costs and investment performances. WorkSafeBC’s board of directors consider all these factors when they set premiums going forward. That’s what they will be doing going forward in the coming years.
It is important to note that the WorkSafeBC accident fund is already being used to discount premium rates below the cost of rate, and this has been happening for a number of years since the funds returned to an excess surplus position. The surplus in the fund is a buffer to the volatility of current and future market swings, and it will help moderate any impact to rates as a result of these amendments.
In closing, I would like to take the opportunity to acknowledge everyone who has contributed either directly or indirectly to these improvements to the workers compensation system. I offer my thanks to all of the reviewers who have used their knowledge and expertise to review various aspects of the system and issue their report: Paul Petrie, Lisa Helps, Terry Bogyo, Jeff Parr, Janet Patterson. Thank you for your insight and work on these important issues.
I would like to thank all the decision-makers and staff at WorkSafeBC and the Workers Compensation Appeal Tribunal for their continuing work and dedication toward realizing the core mandate of the workers compensation system every day. Whether it be compensation, occupational health and safety prevention issues, vocational rehabilitation or appeal adjudication, I say thank you.
I also wish to acknowledge the work ahead for both WorkSafeBC and the tribunal to fully implement the changes in this bill. It is also important for me to express my appreciation to all the workers and the employer groups and individuals who have brought forth their perspective and comments. Again, thank you for your input and advice.
Lastly, I would like to personally thank all of the injured workers and their families and loved ones who have personally contacted me, the Premier, other ministers and MLAs on both sides of the Legislature and other levels of government to detail their personal experiences and challenges.
Many of these people have brought forward to me specific suggestions on how the workers compensation system should be improved. Key examples are issues being addressed in Bill 41 around cost of living adjustment, interest payments, safe and timely return of injured workers to work, an effective and fair practices process, independent medical opinions and claim suppression.
When I have relayed these concerns to workers and their families, I have told them that I would certainly take their suggestions into consideration when government is in a position to amend the Workers Compensation Act. For some of those concerns, that day has now arrived, with the changes we are proposing in Bill 41. At the same time, this does not mean that our work is done. The government will continue to listen to concerns of all stakeholders and will review other aspects of the system over time. The improvements contained within Bill 41 are important and substantial steps in this continuing work.
With that, I ask all members of this Legislative Assembly to join with me and this government and support these important legislative improvements. I look forward to the debate on this bill.
With that, I conclude my comments.
Hon. H. Bains moved adjournment of debate.
Motion approved.
Committee of the Whole (Section A), having reported progress, was granted leave to sit again.
Hon. M. Farnworth moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 p.m.
The House adjourned at 11:59 a.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 36 — HEALTH PROFESSIONS AND
OCCUPATIONS ACT
(continued)
The House in Committee of the Whole (Section A) on Bill 36; R. Leonard in the chair.
The committee met at 11:29 a.m.
On clause 1 (continued).
M. Lee: I just want to come back to the minister’s response in terms of the DRIPA action plan items. Certainly, I had identified in my second reading speech, as well, items 3.7, 4.8 and 4.14.
On 3.17, as the minister and I were discussing, I certainly would appreciate the offer to have a separate briefing, with the member for Prince George–Valemount, about the status of the other 21 recommendations in the In Plain Sight report, including recommendation 24, of course, which does talk about the task team that has a 24-month period to report back on the items in the In Plain Sight report.
Turning now to the other two items, action item 4.8, could I ask the minister to reference that action item and describe how he sees Bill 36 as implementing part of that action item 4.8.
The Chair: Minister.
Hon. A. Dix: Thank you very much, hon. Chair. It’s good to see you today.
I thank the member for his question. I’m just reminding people that this is a continuation of a discussion the member and I were having yesterday. We were discussing these things.
To remind people who don’t have the DRIPA action plan in front of them and might be listening to us, section 4.8 is: “In alignment with the tripartite health plans and agreements, continue to strengthen and evolve the First Nation health governance structure in B.C. to ensure First Nations are supported to participate as full and equal partners in decision-making and service delivery at local, regional and provincial levels.” Importantly, it continues on, on the need for legislation: “…engage First Nations and the government of Canada on the need for legislation as envisioned in the tripartite health plans and agreements.”
Specifically, with respect to that, as noted in some of our previous exchanges — I won’t go over these points in detail, because we’ve dealt with them a bit before — cultural safety is hard-wired into every aspect of the regulatory framework in the HPOA.
We sometimes have this discussion in the House; I know I did when I was an opposition member, and members of the opposition raised some of these issues. Disproportionately, this bill…. One of the reasons the bill is longer, I would argue, is that we haven’t moved things into regulations. These sections, for example, for the most part, are hard-wired into the legislation. In fact, they’re stated plainly in the legislation. The regulations section starts towards the end of the bill. We’ll have a chance to discuss those.
I think that’s an important principle, when people talk about the length of the bill. Sometimes bills are reduced in size by moving things into regulation, as we know, and as the member will know from many debates in this Legislature.
Cultural safety is hard-wired into every aspect of the regulatory framework. The guiding principles are critical to that. At section 14(2), we’ll have an occasion to discuss that. The anti-discrimination measures in section 15 make it clear — and this is important — that discrimination is “misconduct and actionable conduct.” That’s sections 9 and 11(1)(c).
Revamping the complaints process by enabling restorative processes that could be influenced by Indigenous practices — that’s section 157 and section 268(1), as well as enabling support workers and access to counselling for people that have experienced discrimination. That is in the legislation.
Clear expectations for regulated health professionals for providing services ethically, in compliance with anti-discrimination standards, are set by the regulatory college — that’s section 72(1)(a) — in collaboration with “one or more persons nominated…by Indigenous governing bodies…” or representative bodies — that’s section 384(2)(c).
Requiring the superintendent to collaborate with one or more persons nominated by Indigenous governing bodies or representative bodies when conducting an oversight process that relates to Indigenous matters — that’s section 467.
I should say that these additions, to improve cultural safety, were established with Indigenous leaders in B.C. at both the RFL, which is important in advance of the drafting stage, and then at the drafting stage. I think that in that sense the act follows the recommendations of the DRIPA action plan with our own commitments under In Plain Sight, and it reflects the way in which we need to work now and in future.
As you know, the DRIPA action plan came in, in the middle of this process of legislation. We were already well engaged with Indigenous communities, Indigenous leaders, in our own processes, including related to In Plain Sight. All that said, those action plan items are critically important and are reflected in the legislation.
I know that we’ll have an opportunity to discuss that as we go through the legislation, but we want to have this general discussion under section 1, and I appreciate the member’s question.
M. Lee: Thank you to the minister for that response. I appreciate that, again, the minister has shared various specific sections in the act in front of us that will speak to many of the items. This is, really, framing in terms of the understanding, as I get through the balance of my first set of questions here.
So just one other point, then, on the DRIPA action plan, at least. Could the minister also share some basic overview, again, as to action item 4.14, which does speak to, of course, increasing the availability and accessibility of resources to Indigenous partners, specifically to do with the COVID-19 pandemic health? But as to how the minister reads that action item, “…to ensure access for all Indigenous peoples to immediate and culturally safe and relevant care closer to home,” there are certainly elements there that I’m sure the minister is focused on for Indigenous nations.
Hon. A. Dix: I appreciate the member’s question. This is legislation, of course, so some of the recommendations of 4.14 are focused on the delivery of services. By definition, that’s not the role of legislation. That said, we’ve seen a very significant increase in those services, and that’s something that I know he and I may wish to discuss and something he may engage with us to discuss — with response to In Plain Sight as well.
What the regulatory framework does do, though, is address how health services are provided — strengthens provisions to ensure they are provided in a way that is free of discrimination and aligned with anti-discrimination principles. I think, across the board, that supports those efforts — those efforts that are really part of, in some cases, budget processes and other processes with respect to services. But it also means and establishes very clear rules as to how health professionals will conduct themselves in that way. And in that way, it is directly relevant to 4.14 as well.
Obviously, we don’t do that in legislation. I know the member is very experienced in these issues and understands that.
M. Lee: I would like to just now turn to UNDRIP itself. The minister referred to, in passing, a significant section of the bill, which we will get to when we get to that section — section 14 under division 2, “Guiding Principles.” But just at the outset, given the nature of the discussion we’ve been having, I appreciate the flexibility of the minister to have it here.
As I did ask a similar question yesterday in terms of the DRIPA action plan, could the minister identify, under UNDRIP, which specific principles are applicable to this particular Bill 36? Obviously, article 24 would be one, but I’d just like the minister to comment if he can.
Hon. A. Dix: We went through some of the ways in which we responded yesterday, so I don’t want to repeat that. But I’m happy to share more information with the member.
The UNDRIP articles that I think are touched on here are article 2, which is: “Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination.” UNDRIP article 3 relates to the right to self-determination. UNDRIP article 13.2: “States shall take effective measures to ensure that this right is protected and also to ensure that Indigenous people can understand and be understood in political, legal and administrative proceedings.”
The province…. There is more to that, but I’ll….
UNDRIP article 15.1: “Indigenous peoples have the right to dignity and diversity of their cultures, traditions, and histories.” There’s more to that, but the member can refer to that. UNDRIP article 18, which is “…the right to participate in decision-making in matters that may affect their rights.” That’s reflected here, and we can describe the alignment, but we probably will as we get to the appropriate sections. If the member has more questions, I’d be happy to deal with it. But in the interests of time….
UNDRIP article 22.1, which has to do with the particular attention being paid “to the rights and special needs of Indigenous Elders, women, youth, children and persons with disabilities.” UNDRIP article 24, as he notes, individuals have the right to access, without any discrimination to all rights and privileges. And article 24.1, “Indigenous peoples have the right to their traditional medicines,” which is also maintained and reflected in the legislation.
Those would be the key, I think, provisions of UNDRIP that are reflected in different parts of the legislation. I’d be happy to go into more detail on those items individually. I didn’t want to just say in each case where we would respond but see where the member wants to take it.
M. Lee: I think we’ll have the opportunity to talk about the specific articles of UNDRIP that the minister has identified here.
In terms of the framing of Bill 36, I think that is a good list to work through as we look at specific items and how they might relate back. But in view of that list of articles that the minister named, is it the government’s view, then, that Bill 36, in terms of the requirement to align the laws of British Columbia, including this bill as it comes forward, with UNDRIP…? Is the ministry of the view that it is aligned with UNDRIP?
Hon. A. Dix: I think it’s always important, especially in these matters, to be modest about it. But we feel extraordinary efforts have been made, not just by us but by Indigenous peoples, to ensure that the principles of UNDRIP are reflected, not just in one occasion in the legislation, but across the legislation.
One of the reasons I wanted to focus on all of the different sections yesterday in response to this — where UNDRIP is reflected, where In Plain Sight is reflected — is to show that that is woven through the legislation. I really credit all of the people who have engaged in the work on this and the consultation on this and our teams who were open and listening to that work.
I talked yesterday, if people were watching or are watching today, about the effort to hear and then develop a response and then see if that response actually met, not just what we think we heard, but what people wanted to communicate to us.
In addition to that, in the core of the guiding principles of the legislation is UNDRIP. It’s section 14(2), and we’ll have occasion to get to it. But in exercising powers and performing duties under this act, a person must act in accordance with the following principles, and one of those is the United Nations declaration on the rights of Indigenous peoples.
In that sense, it’s embedded as a principle in the act, the guiding principle. But also more than in the guiding principles because I think a person might legitimately say, “Well, that’s one thing,” but also in its sections. I think that reflects the work that people collectively did to make sure that the act reflected the kinds of principles that we want to see in the legislation.
We are relatively early in the passage of the reconciliation bill. This is a really powerful effort to reflect that — an important piece of legislation that touches on people in general, but obviously, Indigenous people in particular. You see that reflected in the legislation.
I’m not sure I’ll answer that I think that we’ve done everything that we could, because there is always more you can do. But I think a very significant effort has been made here, and I hope that the member agrees with that.
M. Lee: I must say that I’ve had the opportunity through successive bills and estimate processes to talk to various ministers of the government about compliance with UNDRIP and the DRIPA action plan. In the Minister’s responses here, I can certainly recognize the level of approach here, which is thoughtful. I do think that the minister did hit on a question which I will get to in section 14, at the appropriate time, around the purpose of the reference to UNDRIP in that particular section.
In going on to identify that there is recognition of the need to comply with the specific articles, that’s helpful, in the sense that we can see how that is weaved in, for clarity and certainty, into the legislation that’s being presented here. I think that we will have….
If I had to pick one, though, of the list of articles that he named, the one particular article I’d like to spend a few minutes on, is article 18, just to get the sense of the minister, at the outset of this bill review. If the minister could just give a further explanation, elaborate on how article 18 is being met and, perhaps, give some examples in Bill 36.
Hon. A. Dix: Just to remind people who might be listening to us…. This will be the last answer. I think that we’re at time here, so that gives me a chance to give a longer answer. I’m just kidding.
Article 18: “Indigenous peoples have the right to participate in decision-making in matters which would affect their rights.” I want to make reference to three sections of the bill where this is relevant. There are others, but three.
Section 19, designation assessment of any profession or occupation that must involve “Indigenous persons who provide similar types of health services in accordance with Indigenous practices.” For instance, the superintendent would not be able to designate Indigenous midwifery, traditional Indigenous medicine or Indigenous counselling approaches without consulting the Indigenous persons providing that service in accordance with their own traditions, values and beliefs. This ensures self-determination in how Indigenous health and wellness occupations are regulated.
I’d also referred to section 288(2), support workers must be nominated with entities representing Indigenous people.
And section 384(2)(b), bylaws and rules involving Indigenous matters must be done with one or more persons representing Indigenous communities.
Those are three examples, with respect to section 18, that are directly relevant to those sections.
I don’t know if it’s the occasion to do it, but having a discussion…. I referred to, myself, a lot of different sections in this discussion of the proposed section 1. It’s part of, hopefully, the exchange that we can have so the member can deal with that as we come. I know sometimes he’ll have a certain amount of time and a place, so we may find an occasion — for example, under section 14 — to have that broader discussion as well. I’m open to whatever the member would like.
With that, I move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 11:48 a.m.