MLA Report 11th May, 2012

Once again we are heading towards the close of the Legislative session with the prospect of substantial amounts of legislation neither fully debated nor properly scrutinized. The very reason we have a Legislature with duly elected members is so that government proposals - the laws of BC - are not imposed without the opportunity for them to be discussed, critiqued and sometimes amended. This is a basic foundation for our democracy - a foundation this BC Liberal government has once again chosen to undermine.

The Throne speech, which started the session, was delivered last October. This spring we have been in Victoria since February. But instead of bringing forward its legislation over this period, the BC Liberals have introduced 16 bills in the last ten days. With just ten sitting days left, and the Premier resolute that the session will not be extended beyond the end of May, this leaves us unable to give any real scrutiny to these laws.

The government’s incompetence, and its tendency towards autocracy, is perhaps best illustrated by two bills we debated this week. On Monday and then on Tuesday we debated two separate bills which were both amendments to the Motor Vehicle Act. The first a rises from a Supreme Court ruling to the roadside breath tests that overturned legislation introduced a couple of years ago. The second introduces a new system for paying traffic fines. I spoke to both of these and raised questions of competence and capacity within the government to allow two amendment bills rather than one. The amendments which change rules concerning roadside breath testing came because of the government was so hasty in passing the initial law. I am among many who are concerned that because we are not being given opportunity for proper scrutiny on how people pay their fines, this legislation could also open to a court challenge.

With massive backlogs in the courts system, and regular stays of charges, the government earlier this year said it would review the judicial system. Changes, however, seem to be coming in a piecemeal fashion ahead of a report from the government’s own appointee who is examining the situation across the province. This week we saw legislation introduced which moves small claims from the courts to tribunals. While this is said to be an effort to make justice more accessible, I am concerned about it. The legislation still allows for lawyers to be involved which will still be costly and cumbersome. The tribunal members are appointed by cabinet, and cabinet can amend the way that the tribunals operate. This is very significant because, like other democracies, we currently have a clear separation of powers between the legislature, cabinet and the judiciary. By giving powers over the tribunal to the cabinet, this separation is being blurred. This is extremely dangerous for our democratic system and the rule of law under which we live.

For all of us living on the Big Island or any of the other islands, the bill to amend the Coastal Ferry Act is very bad news. Simply put, it ignores the countless pleas of those who presented to the Ferry Commissioner when he toured the province last fall. Instead of freezing and rolling back fares, it will allow for fare increases and for frequency of service to be downgraded. It does not acknowledge that ferries are part of our highway system. This is absolutely outrageous and will add to the slow death of many of our coastal communities that have been struggling under the pseudo-privatized ferry regime for years. Have no doubt that I will be vociferously opposing this - if we actually get the opportunity.

There was also a bill tabled which will increase the amount of protected areas in BC. While on the surface this seems a good move, it also changes the boundaries to the river conservancy around the Klinaklini. A few years ago I received a commitment from the then environment minister, Barry Penner, that there would be no changes to the conservancy. However, the new legislation would open the way for a massive independent power project in this pristine area. The same bill also has a section in which a provincial park is transferred to a first nation as part of treaty agreement. This is a change from the current system under which parks are not included in land settlements. If we get the opportunity I will be asking the minister for clarification on both these actions and the expected impacts and repercussions.

One of our roles as legislators is to give reasoned consideration to bills. This government is circumventing that. A solution is that instead of pushing all these bills through in 10 days we have a fall session, which is quite normal - there was a fall session last year. This would mean legislation could be considered in the community through the summer and debated in the fall. However fearful of facing opposition the BC Liberals are steadfast in refusing this option.

Instead, the government’s way of dealing with the legislative crunch is have simultaneous debates happening in three separate locations. The normal procedure is that debate occurs in the main legislative chamber and the ongoing analysis and review of the budget happens in one of the committee rooms. Now the government will start yet another debate on new legislation in a third committee room. While this may solve some of the process problems it does not allow for us to have time for reasoned consideration or analysis of the impacts. And the process is happening so fast it does not allow us to discuss proposed legislation fully with stakeholders before it becomes law.

To mark Child and Youth Mental Health Day I spoke about the government’s inaction on the issue and the particular vulnerabilities of those in rural areas. I also asked the Minister of Education some questions about his ministry’s actions on identifying and supporting young people with mental health problems.

I was very privileged this week to be able to attend a Citizenship Ceremony in Campbell River. It is always good to remind ourselves that how fortunate we are in this country, and never forget that how fragile our democracy is.

On Friday I have meetings with a number of constituents in Campbell River and on Saturday will be in Gold River, to celebrate Gold River Days. I look forward to seeing lots of people there.

As always, I can be reached by email at Claire.trevena.mla@leg.bc.ca, in Campbell River on 250 287 5100, Port Hardy 250 949 9473 or toll free on 1 866 387 5100; or you can friend me on Facebook or follow me on Twitter @clairetrevena.

Best regards
Claire
 

MLA Report 4th May, 2012

Much of the focus for the Official Opposition in the Legislature this week was trying to get the government to take a position on the Enbridge Northern Gateway Project. I, along with all my colleagues, signed a letter to the National Energy Board stating our opposition to the pipeline and to the lifting of the moratorium on tanker traffic in our coastal waters. While it may be good for Alberta’s coffers, there is no upside for BC just downsides. The risks to our coastal economy and environment are simply too great to allow it to go ahead.

For a government that, just a couple of years ago portrayed itself as the environmental saviour of the country it is dismaying that the new premier will not take a strong position on this. It is also discouraging that government will not deal fairly on other environmental issues. For instances, I joined the debate on the Pacific Carbon Trust Instead of being able to focus on reducing their energy consumption, public sector institutions will have to pay into the Trust which, in turn, buys offsets for the large industrial polluters. It is essentially a shell game which rewards the big polluters.

In a blizzard of legislation, the government introduced eight new bills this week alone. Given there is only 12 working days left in this session, this onslaught can, at best, be called an under-handed tactic. This session has been going on for months. By not introducing most of these new bills earlier, the Liberal government is effectively compromising due process and proper consideration of the legislation.

Included in the new legislation is an omnibus bill which will bring back the so-called gag law which restricts pre-election spending by third parties - unions, associations and businesses. It feels a bit like groundhog day given the government brought in a similar gag law in 2008. That was subsequently ruled unconstitutional by the courts. But the present premier thinks its worth trying again with a few tweaks. So we will likely have to wait for the courts to rule again.

A positive move was legislation which should reduce the cost of generic drugs which, in turn, should help many people as well as the overall health care budget. I spoke to the value of the bill but questioned why the government squandered an opportunity to introduce it two years ago. In the intervening years it has cost BC $157m in extra payments to the drug companies.

The government has also introduced legislation which could signal major changes to the school year. As I noted school boards already have the opportunity to change the school calendar and each time they do it involves a thoughtful discussion from those who are involved in education, from parents through to custodians. The new bill also allows for more distributed - or distance - learning. This is already available for a number of students in the North Island who want to take a class they would otherwise not have access to because of student numbers. But extending the system to younger and younger students could have major implications on their education and the way the classroom operates. I stated that I am concerned it is going to be cost cutting at the expense of student achievement.

I also participated in the debate about a replacement to the Pensions Benefits Standards Act. Pensions should not be politicized: they are a fundamental right to guarantee economic security in old age. I used the opportunity of the debate to raise the spectre that Catalyst pensioners face. Because their pension fund is under-funded they could lose 35% of their retirement income. If the company does go bankrupt, the pensioners will largely be forgotten in the grab for remaining assets. This is wrong and while some of the responsibility is with the federal government, the province has a role to play and so far has not engaged.

At the other end of the age range, I spoke about BC’s terrible child labour laws which allow a child of as young as 12 to work up to 20 hours a week on a school week with little oversight. Canada has refused to sign an international convention which would restrict young people working until they are 15 years or older. But each province has the ability to ensure that there are strict guidelines on youth working. BC has not.

As deputy chair of the Standing Committee on Children and Youth I was pleased to support the tabling of the committee’s report on the Review of The Representative for Children and Youth Act. This was a unanimous report, and showed how well Legislative committees can work in dealing with issues in a non-partisan way when given the opportunity.

I was very pleased on Thursday to be able to recognise Janine Annett who completed her trek from Port Hardy to Victoria, walking the length of the Island to raise awareness of child poverty. Janine, who attends Ecole Phoenix Middle School, wanted to inspire her peers, but I believe she has inspired all of us. You can view her arrival at the legislature in a short video at http://youtu.be/XMdYHNFJXd8

I am in Campbell River for meetings in my Community Office on Friday and Saturday sees me at the official opening of the Quadra Island library branch and in the evening the Hospice Society Dinner.

I can always be reached at claire.trevena.mla@leg.bc.ca or by phone at 1 250 287 5100 in Campbell River, 1 250 949 9473 in Port Hardy, or 1 866 387 5100 toll free; or you can friend me on Facebook or follow me on Twitter @clairetrevena.

Best regards
Claire
 

BC Opposition Outlines Objections to the Enbidge Joint Review Panel

Monday, April 30, 2012

BC”s Official Opposition has outlined to the Joint Review Panel why we opposed the Enbridge Northern Gateway Project. Six key concerns outlined in a submission today: lifting the current tanker moratorium will put BC's coastline at risk, the pipeline would cross 800 rivers and streams putting environment and species at risk, First Nations need to be effectively consulted and respected, GHG emissions from oilsands development will contribute to climate change, few long term benefits, and an increase in domestic oil prices.

BC”s Official Opposition leader Adrian Dix said "Under the Enbridge proposal, BC would assume almost all the project's risk, yet would see only a fraction of the benefits." MLAs submitted a letter to the Joint Review Panel outlining why we oppose the Northern Gateway Project.

BC”s Official Opposition formally registered our opposition to the Enbridge Northern Gateway Project today with the NEB's Joint Review Panel today. Read our full submission that outlines our major concerns.

One reason Adrian Dix and BC's Official Opposition formally oppose the Enbridge pipeline: lifting the tanker moratorium will put B.C.'s coastline at serious risk of devastating environmental and economic damage from oil spills.

It's been more than 20 years since the Exxon Valdez spilled 258,000 barrels of crude into Prince William Sound. Enbridge pipeline would expose BC's north coast to 2.2 million barrels of oilsands crude transported by tankers annually. That's just one reason BC's Official Opposition has formally registered our opposition to the Enbridge Northern Gateway Project.

Adrian Dix says it isn't good enough for the premier to wait for the process to unfold before taking a position on the Enbridge pipeline. BC's Official Opposition MLAs are taking a stand on the Enbridge pipeline.
 

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