Tuesday, December 20, 1994
LEGISLATIVE ASSEMBLY OF MANITOBA
Tuesday, December 20, 1994
The House met at 1:30 p.m.
PRAYERS
ROUTINE PROCEEDINGS
MATTER OF PRIVILEGE
Sale of McKenzie Seeds
Mr. Steve Ashton (Opposition House Leader): Mr. Speaker, I rise on a matter of privilege. As is part of our rules and is the tradition in terms of matters of privilege, it will be accompanied by a motion.
In phrasing this matter of privilege, I want to indicate that it is a matter of significant concern to us not only in regard to the particular matter I will be dealing with but in terms of a number of similar items, items of significant public importance that have not been scrutinized by this Legislature and have not been scrutinized by a committee of this Legislature or in fact been the result of any discussion in this Legislature.
While I am referring today to the circumstances surrounding the sale of McKenzie Seeds, it could apply to the Winnipeg Jets. It could apply to a number of issues of major public importance and the contempt which this government has shown in handling the public discussion and public debate on those important issues.
I want to remind members of this House of the principles of Canadian Parliamentary Law, because this applies particularly to this case, which is outlined in Beauchesne Citation 1 which indicates that the principles of Canadian parliamentary law are: to protect a minority, restrain the improvidence or tyranny of a majority and to enable every member to express opinions and give abundant opportunity for the consideration of every measure. That is something that I will show, Mr. Speaker, has not been followed in the case of McKenzie Seeds.
I want to go further to outlining why we believe this is a matter of privilege. First of all, as members are no doubt aware, your role is to determine whether there is a prima facie case of privilege, and then it is up to the House to decide from that point on.
I want to stress, as is outlined in Citation 24, that when we are talking about parliamentary privilege, it is the "sum of the peculiar rights enjoyed by each House collectively as a constituent part of the High Court of Parliament, and by Members of each House individually, without which they could not discharge their functions and which exceed those possessed by other bodies or individuals."
I want to stress it refers to matters, refers to traditions, the roles of members of this House and of the House generally which enable them to follow in terms of fulfilling their obligations as a member. I want to suggest that I can go further and establish, as I will show in the next few minutes, that there is not only a question of whether we have been able to fulfill our obligations as members of the Legislature in the case of McKenzie Seeds--we have not--there is a question of the degree of contempt shown by this government in refusing repeatedly to allow any avenue for consideration or discussion of the McKenzie Seeds sale.
I want to outline that, Mr. Speaker, because I believe there is clear evidence of contempt. First of all, today, by press release, we have the announcement that McKenzie Seeds has been sold. We have--[applause] Well, it is interesting that members opposite applaud. We have requested a copy of the sale. The government has refused. We have requested a copy of the sale through Freedom of Information. The government has refused. We have requested, for the past six months, that the committee on McKenzie Seeds, which did not complete its sitting in the last session of the Legislature, be called, and the government has refused to do so.
Now, Mr. Speaker, we find today, without any statement by the minister in this House, without any debate whatsoever, without anything being said in this House beyond the questions of the member for Brandon East (Mr. Leonard Evans), we now find today that McKenzie Seeds has been sold.
We believe the government has shown contempt for this Legislature, as it did with the Winnipeg Jets agreement and as it is doing with the McKenzie Seeds sale, Mr. Speaker, and it is of concern obviously to people in Westman and Brandon, many of whom have questions about the sale.
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It is of concern, Mr. Speaker, because we know of the fact that this government has been wanting to do this for many years, going back to the Sterling Lyon administration initially, and now is, in the dying days of its mandate, selling McKenzie Seeds.
Apart from the politics of a government that is so arrogant as to make important decisions in the final months, in the dying days of its mandate, we believe McKenzie Seeds and the sale and divestiture that is part of the announcement today should be subject to scrutiny by this Legislature.
We believe this government has shown contempt for members of this Legislature, for the Legislature itself, Mr. Speaker, and for the people of Brandon, of Westman and of this province as a whole.
We demand to have scrutiny of the sale. We demand the government put on hold any sale, and we demand that we have our ability, as is part of the privilege of the parliamentary system of members of this House, to have the opportunity to scrutinize that sale.
That is why I move that the failure of the government to allow the scrutiny of the sale of McKenzie Seeds be referred to the Standing Committee on Privileges and Elections.
Hon. Jim Ernst (Government House Leader): Mr. Speaker, I am somewhat surprised that the member for Thompson would stand on a matter of privilege with respect to this matter. In no way has he indicated any kind of prima facie case whatsoever.
First of all, the intentions of the government were made known back in March or April of 1994 when in fact we did indicate that we had an unsolicited offer for the purchase of the company. We indicated that we were prepared to consider offers on the purchase of the company based on six conditions. Those conditions were made well known, and as a result of those conditions, a number of offers came forward. They were evaluated by the government, and it was then determined that one would be selected. Other events overtook that which caused some delay in determining that all of the conditions could be reasonably met.
There is no intent of trying to hide anything from anyone. That is the most ridiculous argument I have ever heard. Mr. Speaker, this has been well known for at least eight or nine months, and the intentions of the government have been well known over that period of time. As a matter of fact, discussions actually took place the last time the committee met to deal with McKenzie Seeds regarding this sale, so how they can claim today this is a secret, I have no idea, no idea at all.
If recollection serves me correctly, I do not believe there was a question of privilege raised with respect to the sale of Manfor, and I do not believe there was any question of privilege raised with respect to the sale of ManOil, and I do not believe there was any question of privilege raised with respect to the sale of Manitoba Data Services, all of which were sold on the same kind of basis and the same kind of plan. There was no intention--in fact, to make an argument even that there was some kind of intent to not involve the members of the Legislature is, quite frankly, silly.
Mr. Kevin Lamoureux (Second Opposition House Leader): Mr. Speaker, if you go through Beauchesne's--and it does not take you very far--you can actually go right to the very first clause, where it will talk about parliamentary responsibilities of members and being able to hold the government to account for actions that they take.
I believe that there is a bigger issue to this. It is somewhat symbolic in terms of what it is that this government is doing on not only McKenzie Seeds but other issues. I recall when we used to have a minority government, and the minority government was much more accountable, made available more committee meetings and so forth, so that opposition members and, in fact, government backbenchers would be, in fact, able to put forward questions and try to solicit exactly what it is that the government was attempting to do.
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But since the Filmon team received that majority government, what we have seen is a government that is prepared to go on a course in which it does not want to share the directions with other members of this Legislative Chamber.
We could talk about McKenzie Seeds. We have made requests. We have made written requests. We have made oral requests for information, but to no avail. You can talk about the Faneuil and the commotion that is going on in that area, the Lotteries Corporation, the Winnipeg Jets. In fact, had it not been for the Provincial Auditor, we would never have gotten the government to admit to some of the problems that they had entered into.
Mr. Speaker, I would suggest to you, even though the member for Thompson (Mr. Ashton) brings up a valid matter of privilege, I would argue, but it is a much broader abuse of the Legislature and the whole process in which this government, the Filmon government, has not really provided members of this Legislature the opportunity to hold them accountable in a much more sincere fashion. I would encourage the government, because there is a good chance that if this ruling does not necessarily go in favour of the opposition or Beauchesne citations that the member for Thompson made reference to, that the government should take very seriously what their responsibilities are and provide for opposition members the opportunity to be able to debate and to have committees meet on a regular basis and, at the very least, if you do not want to sit down in committees or inside the Chamber, to provide us the information.
We have a right to that information. Honour that right and give us the material that we need in order that we can provide much more creative critical analysis of what exactly this government is doing. Thank you.
Mr. Speaker: I would like to thank all honourable members for their advice on this matter. A matter of privilege is a serious concern, and I am going to take this matter under advisement to consult the authorities. I will return to the House with a ruling.
PRESENTING PETITIONS
Improvement of Highway 391
Mr. Steve Ashton (Thompson): Mr. Speaker, I beg to present the petition of Robert Francois, Fred Hart, Ella Moose and others requesting that the government of Manitoba consider reviewing the state of Highway 391 with a view towards improving the condition and safety of the road.
Physical Education in Schools
Mr. Kevin Lamoureux (Inkster): Mr. Speaker, I beg to present the petition of Reg Piché, Jean Gilbert, Carolyne Lynch and others urging the Minister responsible for Education (Mr. Manness) to consider reinstating physical education as a compulsory core subject area.
READING AND RECEIVING PETITIONS
Physical Education in Schools
Mr. Speaker: I have reviewed the petition of the honourable member (Mr. Lamoureux). It complies with the privileges and the practices of this House and complies with the rules. Is it the will of the House to have the petition read.
An Honourable Member: Yes.
Mr. Speaker: Yes. The Clerk will read.
Mr. Clerk (William Remnant): The petition of the undersigned residents of the province of Manitoba humbly sheweth:
THAT in July 1994, the Minister of Education introduced an action plan entitled Renewing Education: New Directions;
THAT this report will make physical education an optional course in Grades 9 to 12;
THAT the physical education curriculum should be regularly reviewed to ensure that it meets the needs of students;
THAT the government is failing to recognize the benefits of physical education such as improved physical fitness, more active lifestyles, health promotion, self-discipline, skill development, stress reduction, strengthened peer relationships, weight regulation, stronger bones, reduced risk of health diseases and improved self-confidence.
WHEREFORE your petitioners humbly pray that the Legislative Assembly urge the Minister responsible for Education to consider reinstating physical education as a compulsory core subject area.
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Mr. Speaker: I have reviewed the petition of the honourable member (Mr. Leonard Evans). It complies with the privileges and the practices of this House and complies with the rules. Is it the will of the House to have the petition read?
An Honourable Member: No.
Mr. Speaker: No. Dispense.
The petition of the undersigned citizens of the province of Manitoba humbly sheweth that:
WHEREAS the proposed changes to the Manitoba curriculum would have no physical education required for students after Grade 8; and
WHEREAS the social, intellectual, emotional and physical benefits of physical education have been proven through extensive research; and,
WHEREAS requiring physical education for high school sends a message that physical activity is important for life and encourages high school students to make life choices to stay active and it fits into a preventative health strategy; and,
WHEREAS many parents, students, medical professionals and educators, health and recreation specialists are urging that physical education be increased in schools.
WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba may be pleased to request the Minister of Education to consider maintaining physical education as part of the core curriculum from kindergarten to senior high.
Mr. Speaker: I have reviewed the petition of the honourable member (Mr. Santos). It complies with the privileges and the practices of this House and complies with the rules. Is it the will of the House to have the petition read?
An Honourable Member: No.
Mr. Speaker: No. Dispense.
The petition of the undersigned citizens of the province of Manitoba humbly sheweth that:
WHEREAS the proposed changes to the Manitoba curriculum would have no physical education required for students after Grade 8; and
WHEREAS the social, intellectual, emotional and physical benefits of physical education have been proven through extensive research; and,
WHEREAS requiring physical education for high school sends a message that physical activity is important for life and encourages high school students to make life choices to stay active and it fits into a preventative health strategy; and,
WHEREAS many parents, students, medical professionals and educators, health and recreation specialists are urging that physical education be increased in schools.
WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba may be pleased to request the Minister of Education to consider maintaining physical education as part of the core curriculum from kindergarten to senior high.
Mr. Speaker: I have reviewed the petition of the honourable member (Mr. Hickes). It complies with the privileges and the practices of this House and complies with the rules. Is it the will of the House to have the petition read?
An Honourable Member: No.
Mr. Speaker: Dispense.
The petition of the undersigned citizens of the province of Manitoba humbly sheweth that:
WHEREAS the proposed changes to the Manitoba curriculum would have no physical education required for students after Grade 8; and
WHEREAS the social, intellectual, emotional and physical benefits of physical education have been proven through extensive research; and,
WHEREAS requiring physical education for high school sends a message that physical activity is important for life and encourages high school students to make life choices to stay active and it fits into a preventative health strategy; and,
WHEREAS many parents, students, medical professionals and educators, health and recreation specialists are urging that physical education be increased in schools.
WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba may be pleased to request the Minister of Education to consider maintaining physical education as part of the core curriculum from kindergarten to senior high.
Mr. Speaker: I have reviewed the petition of the honourable member (Mr. Reid). It complies with the privileges and the practices of this House and complies with the rules. Is it the will of the House to have the petition read?
An Honourable Member: No.
Mr. Speaker: Dispense.
The petition of the undersigned citizens of the province of Manitoba humbly sheweth that:
WHEREAS the proposed changes to the Manitoba curriculum would have no physical education required for students after Grade 8; and
WHEREAS the social, intellectual, emotional and physical benefits of physical education have been proven through extensive research; and,
WHEREAS requiring physical education for high school sends a message that physical activity is important for life and encourages high school students to make life choices to stay active and it fits into a preventative health strategy; and,
WHEREAS many parents, students, medical professionals and educators, health and recreation specialists are urging that physical education be increased in schools.
WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba may be pleased to request the Minister of Education to consider maintaining physical education as part of the core curriculum from kindergarten to senior high.
Housing Authorities Voluntary Boards
Mr. Speaker: I have reviewed the petition of the honourable member (Ms. Cerilli). It complies with the privileges and the practices of this House and complies with the rules. Is it the will of the House to have the petition read?
An Honourable Member: No.
Mr. Speaker: Dispense.
The petition of the undersigned citizens of the province of Manitoba humbly shewth that:
WHEREAS thousands of Manitobans depend upon public housing as affordable housing geared to their income for themselves and their families; and
WHEREAS these units are particularly important for thousands of low income seniors and single parents; and
WHEREAS the provincial government upon the request of the federal Liberal government has increased without notice the rent payable for tenants; and
WHEREAS the federal Liberal government has eliminated all funding for new public housing; and
WHEREAS the provincial government has abolished the voluntary boards of public housing authorities and made other cuts to the public housing program in this province.
WHEREFORE your petitioners humbly pray that the Legislative Assembly request the Minister responsible for Housing (Mrs. McIntosh) to consider cancelling the recent unilateral rent hikes and restoring the voluntary boards of the housing authorities.
TABLING OF REPORTS
Hon. Albert Driedger (Minister of Natural Resources): Mr. Speaker, I am pleased to present the Annual Report for the Department of Natural Resources for the year 1993-94.
INTRODUCTION OF BILLS
Bill 220--The Environmental Rights Act
Mr. Gord Mackintosh (St. Johns): Mr. Speaker, I move, seconded by the member for Radisson (Ms. Cerilli), that leave be given to introduce Bill 220, The Environmental Rights Act (Loi sur les droits environnementaux), and that the same be now received and read a first time.
Motion presented.
Mr. Mackintosh: Mr. Speaker, it is a proud moment for me to introduce this bill today after having presented arguments in favour of such legislation in my former career in the private sector.
This bill, for the first time, empowers all Manitobans to become stewards of the environment by establishing the right of individuals to take legal action to protect the environment against damage and to help ensure a healthful environment, but also empowers people to initiate a government investigation into allegations of environmental damage.
As well, the bill protects employees who blow the whistle on polluting employers. By the way, Mr. Speaker, a minister cannot waive these fines.
Motion agreed to.