37th Parliament, 1st Session

No. 93

No 93

Votes and Proceedings

Procès-verbaux

Legislative Assembly
of Ontario

Assemblée législative
de l'Ontario

Monday
October 23, 2000


Daytime Meeting - Sessional Day 140
Evening Meeting - Sessional Day 141

Lundi
23 octobre 2000


Séance de l'après-midi - jour de session 140
Séance du soir - jour de session 141

1st Session,
37th Parliament

1re session
37e législature

Prayers
1:30 P.M.

Prières
13 H 30

The Speaker delivered the following ruling:-

On Monday, October 16, 2000, the Member for Brant (Mr. Levac) rose on a point of privilege to indicate that his rights as a Member were infringed because he was denied entry to the Genest Detention Centre for Youth on October 5, 2000. The Member for Niagara Centre (Mr. Kormos) and the Minister of Community and Social Services (Mr. Baird) also made submissions.

The Member for Brant referred to section 103(1)(b)(iv) of the Child and Family Services Act, which reads as follows:

A child in care has a right ... to speak in private with and receive visits from ... a member of the Legislative Assembly of Ontario or of the Parliament of Canada.

In response to this point, let me say that the statutory provision does not state that a Member has a right to speak to and visit with a "child in care"; it states that a "child in care" has a right to speak with and receive visits from a Member. In short, the right belongs to the "child in care", not the Member. Further, the jurisdiction for interpreting the right of a "child in care" belongs to courts of law, not to the Speaker.

The Member for Brant also referred to section 59 of the Ministry of Correctional Services Act, which reads as follows:

Every member of the Legislative Assembly of Ontario is entitled to enter and inspect any correctional institution, community resource centre or other facility established or designated under this Act for any purpose related to the member's duties and responsibilities as a member of the Legislative Assembly, unless the Minister determines that the institution, community resource centre or facility is insecure or an emergency condition exists in it.

The Member for Brant, and subsequently the Member for Niagara Centre, suggested that the Speaker should extend the rationale of section 59 of the Ministry of Correctional Services Act (which deals with adult correctional facilities) to find that a Member has a similar right to visit the young offender facilities covered by the Child and Family Services Act.

Again, were I to do as the Member suggests, I would have to interpret the law - something that our precedents and parliamentary authorities indicate the Speaker should avoid doing. As has been confirmed by my predecessors in this Chair, and Speakers in many parliaments elsewhere, interpretations of law should be left to the courts.

I also must point out that the matter raised by the Member for Brant relates to activities that occurred away from this Chamber and were unconnected with the Member's parliamentary duties. The procedural authorities and a multitude of precedents make it clear that privilege attaches only to a Member's parliamentary duties, and not to subsidiary duties away from Parliament.

Therefore, I find that a prima facie case of privilege has not been established.

Motions

Motions

On motion by Mr. Sterling,

Sur la motion de M. Sterling,

Ordered, That, pursuant to Standing Order 9(c)(i), the House shall meet from 6:45 p.m. to 9:30 p.m. on Monday, October 23, Tuesday, October 24, and Wednesday, October 25, 2000, for the purpose of considering government business.

Petitions

Pétitions

Petitions relating to the Northern Health Travel Grant program / Programme de subventions accordées aux résidents du nord de l'Ontario (Sessional Paper No. P-1) Mr. Bartolucci, Mr. Bisson, Mr. Gravelle, Ms. Martel, Mrs. McLeod and Mr. Ramsay.

Petition relating to Farm Fare Program (Sessional Paper No. P-78) Mr. Christopherson.

Petition relating to Banning hunting in Wilderness Provincial Parks (Sessional Paper No. P-82) Mr. Gravelle.

Petition relating to a One-time adjustment to enable the transfer of pension assets (Sessional Paper No. P-108) Mr. Hoy.

Petition relating to Permits to take water (Sessional Paper No. P-126) Mrs. Dombrowsky.

Petition relating to Bill 112, McMichael Canadian Art Collection Act (Sessional Paper No. P-139) Mr. Marchese.

Petition relating to the Environmental Bill of Rights within the Ministry of Education (Sessional Paper No. 158) Mr. Gravelle.

Orders of the Day

Ordre du Jour

Opposition Day

Jour de l'opposition

Mr. Bradley moved,

M. Bradley propose,

That this House recognizes this government has abandoned responsibility for protecting our water by: ignoring repeated warnings about water safety from the Provincial Auditor and Environment Commissioner; drastically slashing funding and firing staff from the Ministry of the Environment and the Ministry of Natural Resources who play a key role in protecting our water; and

That this House demands that the government take action on this serious problem by:

· Finally keeping their long-standing promise to deliver a comprehensive groundwater protection strategy;

· Beginning to restore the 45% cut to the budget of the Ministry of the Environment;

· Beginning to rehire the 1/3 of Ministry of the Environment staff that the government has laid off; and

· Immediately passing a comprehensive Clean Drinking Water Act.

A debate arising, after some time, the motion was lost on the following division:-

Un débat s'ensuit et après quelque temps, la motion est rejetée par le vote suivant:-

AYES / POUR - 31

Agostino

Curling

McGuinty

Bartolucci

Di Cocco

McLeod

Bisson

Dombrowsky

Parsons

Bountrogianni

Duncan

Patten

Boyer

Gerretsen

Peters

Bradley

Gravelle

Phillips

Bryant

Hoy

Ramsay

Christopherson

Kennedy

Sergio

Churley

Kormos

Smitherman

Conway

Kwinter

Crozier

Lalonde

NAYS / CONTRE - 48

Arnott

Hardeman

O'Toole

Baird

Hastings

Ouellette

Barrett

Hudak

Runciman

NAYS / CONTRE - Continued

Chudleigh

Johns

Sampson

Clark

Johnson

Snobelen

Clement

Kells

Spina

Coburn

Klees

Sterling

Cunningham

Marland

Stewart

Dunlop

Martiniuk

Stockwell

Ecker

Maves

Tascona

Elliott

Mazzilli

Tilson

Eves

Molinari

Tsubouchi

Flaherty

Munro

Turnbull

Galt

Murdoch

Wettlaufer

Gilchrist

Mushinski

Wood

Gill

Newman

Young

The House then adjourned at 6:00 p.m.

À 18 h, la chambre a ensuite ajourné ses travaux.

6:45 P.M.

18 H 45

Orders of the Day

Ordre du Jour

Debate was resumed on the motion for Second Reading of Bill 124, An Act to amend the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act in respect of penalties.

Le débat reprend sur la motion portant deuxième lecture du projet de loi 124, Loi modifiant la Loi sur la protection de l'environnement, la Loi sur les ressources en eau de l'Ontario et la Loi sur les pesticides en ce qui concerne des peines ayant trait à l'environnement.

During the debate, the Acting Speaker (Mr. Brown) requested the Member for Toronto Centre-Rosedale (Mr. Smitherman) to withdraw unparliamentary language.

Pendant le débat, le Président par intérim M. Brown demande au député de Toronto Centre-Rosedale, M. Smitherman de retirer les propos non-parlementaire.

The Member having refused was named by the Acting Speaker and directed to withdraw from the service of the House for the balance of the sessional day.

Comme le député refuse d'obéir, le Président par intérim le désigne par son nom et l'ordonne de se retirer du service de l'Assemblée pour le reste du jour de session.

After some time, pursuant to Standing Order 9(a), the motion for adjournment of the debate was deemed to have been made and carried.

Après quelque temps, conformément à l'article 9(a) du Règlement, la motion d'ajournement du débat est réputée avoir été proposée et adoptée.

The House then adjourned at 9:30 p.m.

À 21 h 30, la chambre a ensuite ajourné ses travaux.

le président

GARY CARR

Speaker

Sessional Papers Presented Pursuant to Standing Order 39(A):-

Documents Parlementaires Déposés Conformément à l'Article 39(A) du Règlement

Part-time appointments re intended Order-in-Council dated October 18, 2000 (No. 195) (Tabled
October 20, 2000).

Responses to Petitions Tabled October 20, 2000

Petition relating to Implementing agricultural easements on all the farmland in the Rouge-Duffin Agricultural Preserve (Sessional Paper No. P-122):

(Tabled June 13, 19, 2000) Mrs. Munro.