VOL. XLVII No. 69 - 10 a.m., FRIDAY, JUNE 27, 1997

Friday, June 27, 1997

LEGISLATIVE ASSEMBLY OF MANITOBA

Friday, June 27, 1997

The House met at 10 a.m.

PRAYERS

ROUTINE PROCEEDINGS

PRESENTING PETITIONS

CRTC Presentations

Mr. Stan Struthers (Dauphin): Madam Speaker, I beg to present the petition of Donna Porter, Alex Holowachuk, Nick Manciniub and others praying that the Legislative Assembly of Manitoba request that the Premier (Mr. Filmon) and the minister of telecommunications make presentations before the CRTC opposing such hikes in local rates.

Obstetrics Closure--Grace General Hospital

Ms. MaryAnn Mihychuk (St. James): I beg to present the petition of Cecile Brown, James Hawkins, Melinda Anderson and others praying that the Legislative Assembly of Manitoba request the Minister of Health (Mr. Praznik) consider stopping the closure of the obstetrics program at Winnipeg's Grace Hospital.

Mobile Screening Unit for Mammograms

Mr. Dave Chomiak (Kildonan): Madam Speaker, I beg to present the petition of Clifford Stevenson, Lynn Bass, Ruby Clarkson and others praying that the Legislative Assembly of Manitoba may be pleased to request the Minister of Health to consider immediately establishing a mobile screening unit for mammograms to help women across the province detect breast cancer at the earliest possible opportunity.

Obstetrics Closure--Grace General Hospital

Ms. Diane McGifford (Osborne): Madam Speaker, I beg to present the petition of Karen Duke, Audrey Duke, Susan Murray and others praying that the Legislative Assembly of Manitoba request the Minister of Health consider stopping the closure of the obstetrics program at Winnipeg's Grace Hospital.

CRTC Presentations

Ms. Marianne Cerilli (Radisson): Madam Speaker, I beg to present the petition of Khalid Mahmoud, K.J. Traynor, Paul Kramer and others praying that the Legislative Assembly of Manitoba request that the Premier (Mr. Filmon) and the minister of telecommunications make presentations before the CRTC opposing such hikes in local rates.

Mr. Leonard Evans (Brandon East): Madam Speaker, I beg to present the petition of Gail Cork, Janet Smith, Mark Burch and others praying that the Legislative Assembly of Manitoba request that the Premier and the minister of telecommunications make presentations before the CRTC opposing such hikes in local rates.

READING AND RECEIVING PETITIONS

CRTC Presentations

Madam Speaker: I have reviewed the petition of the honourable member for Dauphin (Mr. Struthers). It complies with the rules and practices of the House. Is it the will of the House to have the petition read?

An Honourable Member: Dispense.

Madam Speaker: Dispense.

THAT the Manitoba Telephone System as a public asset served this province well for over 80 years providing province-wide service, some of the lowest local rates in North America, thousands of jobs and keeping profits in Manitoba; and

THAT contrary to promises made in 1996 by the provincial government, the majority of shares of the privatized MTS are controlled outside the province of Manitoba; and

THAT on June 16, 1997, MTS requested from the CRTC a $5 increase per month for 1998, one of the highest increases in the country; and

THAT this follows previous increases ordered by the provincial government in 1995, 1996 and 1997; and

THAT these increases mean that for some communities in the Parklands will have almost doubled since 1995, with Dauphin alone having an increase of 87 percent when the rate for Yorkton, Saskatchewan, under the publicly owned Saskatchewan Telephone System is $5 per month less; and

THAT MTS is requesting a rate of return of 13 percent per year from CRTC and to do this wants to raise local rates further above the rate cap in the 1998 going-in rates; and

THAT, contrary to promises made by the provincial government, MTS under private ownership is moving rapidly to raise local rates in rural and northern Manitoba.

WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba request that the Premier (Mr. Filmon) and the minister of telecommunications make presentations before the CRTC opposing such hikes in local rates.

PRESENTING REPORTS BY

STANDING AND SPECIAL COMMITTEES

Standing Committee on Law Amendments

Eighth Report

Mr. Jack Penner (Chairperson of the Standing Committee on Law Amendments): I beg to present the Eighth Report of the Committee on Law Amendments.

Mr. Clerk (William Remnant): Your Standing Committee on Law Amendments presents the following as its Eighth Report.

An Honourable Member: Dispense.

Madam Speaker: Dispense.

Your committee met on Monday, June 23, 1997, at 7 p.m., Thursday, June 26, 1997, at 10 a.m. and 3:15 p.m. in Room 255 of he Legislative Building to consider bills referred.

Your committee heard representation on bills as follows:

Bill 48--The Child and Family Services Amendment and Consequential Amendments Act; Loi modifiant la Loi sur les services à l'enfant et à la famille et modifications corrélatives

Louise Malenfant - Parents Helping Parents

Wayne Helgason - Social Planning Council

Alice Wright - Private Citizen

Dave Waters - Winnipeg Child and Family Services

Mallory Newman - CUPE

Tamsin Collings - Private Citizen

Eileen Britton - The Grand Society

Donna Ekerholm - Private Citizen

Linda Dorge - Private Citizen

Colleen Suche - Law Society of Manitoba

Dr. Charles Ferguson - Winnipeg Child and Family Services--Abuse Committees

Helen Zuefle - Private Citizen

Linda Shapiro - Private Citizen

Garth Smorang - Manitoba Bar Association

Norma McCormick - Private Citizen

Your committee has considered:

Bill 48--The Child and Family Services Amendment and Consequential Amendments Act; Loi modifiant la Loi sur les services à l'enfant et à la famille et modifications corrélatives

and has agreed to report the same, on division, with the following amendments:

MOTION:

That the proposed subsection 8(11), as set out in section 5 of the Bill, be amended by striking out "not less than $200. and".

MOTION:

THAT the proposed subsection 15(3.3), as set out in subsection 6(2) of the Bill, be amended by adding "and any such order may be enforced as a judgment of the court." after "exceeding $5000."

Your committee voted to defeat Clause 8(2) of the bill.

MOTION:

THAT the following be added after subsection 8(2) of the Bill:

8(2.1) The following is added after subsection 18.4(2):

Report of conclusion where child not in need of protection

18.4(2.1) Subject to subsection (3), where an agency concludes, after an investigation under subsection (1), that a child is not in need of protection, the agency shall report its conclusion

(a) to the parent or guardian of the child;

(b) where there is no parent or guardian of the child, a person having full-time custody or charge of the child;

(c) to the person, if any, who is identified by the investigation as the person who was alleged to have caused the child to be in need of protection;

(d) to the child where, in the opinion of the agency, the child is capable of understanding the information and disclosure to the child is in the best interests of the child; and

(e) to the person who reported the information that gave rise to the investigation, except where disclosure is not in the best interests of the child.

MOTION:

THAT the proposed subsection 18.4(3), as set out in subsection 8(3) of the Bill, be amended by adding "or (2.1)" after "subsection (2)".

MOTION:

THAT the proposed subsection 19(3.6), as set out in subsection 10(2) of the Bill, be amended by striking out everything after "At a hearing," and substituting the following:

(a) the agency has the burden of proof on the balance of probabilities;

(b) all parties may be represented by counsel and shall, subject to clauses (c) and (d), be given full opportunity to present evidence and to examine and cross-examine witnesses;

(c) the court is not bound by the rules of evidence in relation to the evidence of a child who the agency alleges was abused by the applicant and may receive the child's evidence through hearsay, by way of a recording, a written statement, or in any other form or manner that it considers advisable; and

(d) a child who the agency alleges was abused by the applicant shall not be compelled to testify.

MOTION:

THAT the proposed subsection 19(3.7), as set out in subsection 10(2) of the Bill, be amended by striking out "and provide all parties with written reasons" and substituting "and record the reasons".

MOTION:

THAT the section heading or proposed subsection 19(6) of the English version, as set out in subsection 10(4) of the Bill, be amended by striking out "re offence".

MOTION:

THAT the proposed subsection 30(1.3), as set out in section 17 of the Bill, be amended by adding "and any such order may be enforced as a judgment of the court." after "exceeding $5000."

MOTION:

THAT the following be added after subsection 20(1) of the Bill:

20(1.1) Subsection 38(4) is amended by striking out "or master".

MOTION:

THAT the proposed subsection 78(5), as set out in section 28 of the Bill, be amended by striking out

(a) "or master"; and

(b) ", and person who was served but does not appear or with respect to whom an order was made dispensing with service is deemed to consent".

MOTION:

THAT Legislative Counsel be authorized to change all section numbers and internal references necessary to carry out the amendments adopted by this committee.

Mr. Penner: I move, seconded by the honourable member for Steinbach (Mr. Driedger), that the report of the committee be now received.

Motion agreed to.

* (1005)