HANSARD 03/04/05-93

DEBATES AND PROCEEDINGS

Speaker: Honourable Murray Scott

Published by Order of the Legislature by Hansard Reporting Services and printed by the Queen's Printer.

Available on INTERNET at http://nslegislature.ca/legislative-business/hansard-debates/

Annual subscriptions available from the Office of the Speaker.

First Session

MONDAY, OCTOBER 17, 2005

TABLE OF CONTENTS					PAGE
PRESENTING AND READING PETITIONS:
	TPW - Pictou Co.: White Hill - Pave, Mr. Charles Parker				8299
TABLING REPORTS, REGULATIONS AND OTHER PAPERS:
	Anl. Rept. - Public Trustee, Hon. Michael Baker				8300
GOVERNMENT NOTICES OF MOTION:
	Res. 4560, Cdn. Library Wk. (10/17-1/24/05): Library - Visit,
		Hon. J. Muir			8300
			Vote - Affirmative		8301
	Res. 4561, Justice Law Enforcement Mem. Serv.: Officers - Honour,
		Hon. M. Baker			8301
			Vote - Affirmative		8302
	Res. 4562, Girl Guides: Contributions - Recognize,
		Hon. C. Bolivar-Getson			8302
			Vote - Affirmative		8302
	Res. 4563, New Germany Elem. Sch./AOL Can./Toshiba: Online Safety -
		Congrats., Hon. J. Muir			8303
			Vote - Affirmative		8303
	Res. 4564, Com. Serv. - Foster Families; Gratitude - Extend,
		Hon. D. Morse			8303
			Vote - Affirmative		8304
INTRODUCTION OF BILLS:
	No. 232, Optometry Act,
		Hon. A. MacIsaac			8304
	No. 233, Energy-efficient Appliances Act,
		Ms. J. Massey			8304
	No. 234, Motor Vehicle Act,
		Ms. D. Whalen			8305
	No. 235, Dispensing Opticians Act,
		Hon. A. MacIsaac			8305
NOTICES OF MOTION:
	Res. 4565, Atl. Mayors' Congress - Home Heating: HST Removal -
		Support, Mr. D. Dexter			8305
	Res. 4566, Com. Serv. - Foster Families: Importance - Recognize,
		Mr. Manning MacDonald			8306
			Vote - Affirmative		8306
	Res. 4567, Canyon, George: Achievements - Recognize,
		The Premier			8306
			Vote - Affirmative		8307
	Res. 4568, Connor, Matt - Duke of Edinburgh Award,
		Mr. D. Dexter			8307
			Vote - Affirmative		8308
	Res. 4569, Nat. Res. - Off-Hwy. Vehicle Plan: Nova Scotians -
		Consult., Mr. L. Glavine			8308
	Res. 4570, Purvis, Clyde: Retirement - Congrats.,
		Mr. J. DeWolfe			8309
			Vote - Affirmative		8309
	Res. 4571, Astral Dr. Elem. Sch.: Abilities Fdn. - Fundraising,
		Mr. K. Deveaux			8309
			Vote - Affirmative		8310
	Res. 4572, Wishmakers Parade: Organizers - Support,
		Mr. K. Colwell			8310
			Vote - Affirmative		8311
	Res. 4573, Commun. Policing Officer - Support,
		Ms. J. Streatch			8311
			Vote - Affirmative		8312
	Res. 4574, Global Food Security - N.S. Legislature: Issues - Awareness,
		Ms. Maureen MacDonald			8312
			Vote - Affirmative		8312
	Res. 4575, N.S. Network of Can. Volunteerism Init.: Conference -
		Congrats., Mr. W. Gaudet			8313
			Vote - Affirmative		8314
	Res. 4576, N. Shore Health Serv. Fdn./Fraser Mem. Hosp. Aux.:
		Renovations - Fundraising, Mr. W. Langille			8314
			Vote - Affirmative		8314
	Res. 4577, Laffin, Ellen: E. Hants Mun. - Shining Star Award,
		Mr. J. MacDonell			8315
			Vote - Affirmative		8315
	Res. 4578, Cdn. Citizenship Wk.: Importance - Recognize,
		Ms. D. Whalen			8315
			Vote - Affirmative		8316
	Res. 4579, Natz, Helga - Hollands Hbr. Sculpture,
		Mr. R. Chisholm			8316
			Vote - Affirmative		8317
	Res. 4580, Great E. Dart. Barbeque: Sponsors - Thank,
		Ms. J. Massey			8317
			Vote - Affirmative		8318
	Res. 4581, Educ. - Millennium Scholarship Prog.: Complementary
		Grants Prog. - Establish, Ms. D. Whalen			8318
	Res. 4582, Van Dyk's - Export Achievement Award,
		Hon. K. Morash			8318
			Vote - Affirmative		8319
	Res. 4583, Agric. & Fish.: Buy Local Prog. - Deliver,
		Ms. M. Raymond			8319
	Res. 4584, Int'l. Day for Eradication of Poverty (10/17/05) -
		Recognize, Mr. L. Glavine			8320
			Vote - Affirmative		8321
	Res. 4585, McNutt, Albert - Award for Action on HIV/AIDS &
		Human Rights, Hon. J. Muir			8321
			Vote - Affirmative		8322
	Res. 4586, Pictou Children's Wish Fundraiser: Organizers -
		Congrats., Mr. C. Parker			8322
			Vote - Affirmative		8322
	Res. 4587, Dugas, Jeffrey - Bowling Championship,
		Mr. W. Gaudet			8323
			Vote - Affirmative		8323
	Res. 4588, TPW - Paragliding/Hang-gliding: Regulations - Develop,
		Mr. R. MacKinnon			8323
			Vote - Affirmative		8324
	Res. 4589, Caregivers N.S.: Role - Congrats., Ms. M. More				8324
		Vote - Affirmative			8325
	Res. 4590, MacLeod, Mary Ann - Birthday (100th),
		Mr. R. MacKinnon			8325
			Vote - Affirmative		8326
	Res. 4591, Blackburn, Wayne: Lakeside FD - Serv. (30 yrs.),
		Mr. W. Estabrooks			8326
			Vote - Affirmative		8326
	Res. 4592, Sack-a-Wa Canoe Club: Nationals - Performance,
		Mr. David Wilson (Sackville-Cobequid)			8327
			Vote - Affirmative		8327
	Res. 4593, Agric. & Fish. - Clearwater Layoffs, Mr. G. Gosse				8327
	Res. 4594, Marks, Daniel - Athletic Performance,
		Mr. J. Pye			8328
			Vote - Affirmative		8329
	Res. 4595, Cole Hbr. Dist. HS: "No Sweat" Campaign - Congrats.,
		Mr. K. Deveaux			8329
			Vote - Affirmative		8330
	Res. 4596, Autism Soc. (C.B.): Efforts - Acknowledge,
		Mr. G. Gosse			8330
			Vote - Affirmative		8330
	Res. 4597, Poverty Cycle: Gov't (N.S.) - Effect,
		Ms. Maureen MacDonald			8331
	Res. 4598, HRM Fed. of Commun. Agencies: Organizers/Members -
		Support, Ms. M. More			8331
			Vote - Affirmative		8332
	Res. 4599, Sampson, Jackie & Larry: Lee Fundraising - Congrats.
		Mr. W. Estabrooks			8332
			Vote - Affirmative		8333
	Res. 4600, Cameron, Tracey/Teammates - Rowing Gold Medals,
		Mr. J. MacDonell			8333
			Vote - Affirmative		8333
	Res. 4601, Halavrezos, Maria - Athletic Performance, Mr. J. Pye				8334
		Vote - Affirmative			8334
	Res. 4602, Educ.: Student Fees - Stop, Ms. J. Massey				8335
GOVERNMENT BUSINESS:
	PUBLIC BILLS FOR SECOND READING:
		No. 222, Tobacco Damages and Health-care Costs Recovery Act			8336
			Mr. W. Estabrooks		8336
			Mr. K. Colwell		8338
			Ms. M. Raymond		8340
			Mr. L. Glavine		8342
			Mr. J. Pye		8343
			Mr. R. MacKinnon		8345
			Mr. H. Epstein		8347
			Ms. J. Massey		8352
			Mr. Gerald Sampson		8353
			Mr. W. Gaudet		8356
			Hon. R. Russell		8357
				Vote - Affirmative	8357
	No. 225, Smoke-free Places Act				8357
			Hon. Rodney MacDonald		8358
			Mr. David Wilson (Sackville-Cobequid)		8359
			Mr. J. MacDonell		8361
				Adjourned Debate	8365
ADJOURNMENT, House rose to meet again on Tue., Oct. 18th at 2:00 p.m.					8366
NOTICE OF MOTION UNDER RULE 32(3):
	Res. No. 4603, Wiesenthal, Simon: Death of - Tribute,
		The Premier			8367
	Res. No. 4604, Crosby, Sidney: Career - Congrats., Mr. S. McNeil				8367
	Res. No. 4605, Harrie, Cindy - Birthday (50th), Mr. W. Estabrooks				8368
	Res. No. 4606, Best, Carl: Berwick Sports Hall of Fame - Induction,
		Mr. L. Glavine			8368

[Page 8299]

HALIFAX, MONDAY, OCTOBER 17, 2005

Fifty-ninth General Assembly

First Session

7:00 P.M.

SPEAKER

Hon. Murray Scott

DEPUTY SPEAKERS

Mr. James DeWolfe, Mr. Charles Parker, Ms. Diana Whalen

MR. SPEAKER: Order, please.

PRESENTING AND READING PETITIONS

MR. SPEAKER: The honourable member for Pictou West.

MR. CHARLES PARKER: Mr. Speaker, I beg leave to table a petition on behalf of the residents of White Hill, Pictou County, considering their road. While we realize there is a tender to be called there very shortly, still the residents have asked me to table the petition.

The operative clause reads, "We the rural community of Whitehill, Pictou County are insisting that the paved road which we have been petitioning, lobbing (sic), media interviews, and endless calls locally and abroad to the Dept. of Transportation be repaved immediately as it presents itself as a safety hazard for several years. It is unsafe for school bus transportation, motorists, and pedistrians (sic)."

There are 169 residents who have signed this petition and I, too, have affixed my signature.

8299

[Page 8300]

MR. SPEAKER: The petition is tabled.

PRESENTING REPORTS OF COMMITTEES

TABLING REPORTS, REGULATIONS AND OTHER PAPERS

MR. SPEAKER: The honourable Minister of Justice.

HON. MICHAEL BAKER: Mr. Speaker, I would like to table the Annual Report for the Public Trustee for the fiscal year ending March 31, 2005.

MR. SPEAKER: The report is tabled.

STATEMENTS BY MINISTERS

GOVERNMENT NOTICES OF MOTION

MR. SPEAKER: The honourable Minister of Education.

HON. JAMES MUIR: Mr. Speaker, with your permission I would like to make an introduction in advance of my resolution.

To all members of the House, I want to introduce a very special addition to the Province of Nova Scotia, Jennifer Evans. She is the new provincial librarian and comes to the province from Alderney Gate Public Library in Dartmouth where she has, in the course of her career, provided exceptional leadership in public library experience here in the province. I would like all members to join me in welcoming her to the House. (Applause)

Mr. Speaker, I should add that she is accompanied by her husband, Bruce Mosher, and her daughters, Leah Mosher and Angie Mosher. We welcome them as well. (Applause)

I should also add that we found somebody else whose handwriting equals my own. (Laughter)

RESOLUTION NO. 4560

HON. JAMES MUIR: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas this year for the first time Canadians are celebrating a common Canadian Library Week from coast to coast; and

[Page 8301]

Whereas libraries are repositories of knowledge, heritage and culture, and an enabler of learning, creativity and imagination; and

Whereas in the coming year, Nova Scotians will see technology upgrades and other improvements in their public libraries;

Therefore be it resolved that all Nova Scotians should visit their local public library during Canadian Library Week, October 17-24, 2005.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Minister of Justice.

RESOLUTION NO. 4561

HON. MICHAEL BAKER: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas yesterday, October 16^th, the Halifax Regional Police held their 23^rd annual Law Enforcement Memorial Service to honour Canadian officers who lost their lives over the past year; and

Whereas the work of law enforcement officers can, at times, place their lives in grave danger; and

Whereas all members recognize the tremendously important work done by our law enforcement officers;

Therefore be it resolved that this House honour those officers from across Canada who have given their lives so that we may live in a more peaceful and secure society.

Mr. Speaker, I request waiver of notice.

[Page 8302]

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Minister of Human Resources.

RESOLUTION NO. 4562

HON. CAROLYN BOLIVAR-GETSON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Girl Guides of Canada challenge and inspire girls and women to discover, experience and develop the best within themselves; and

Whereas the Girl Guide movement empowers women and girls to lead and serve as responsible citizens; and

Whereas the Girl Guides of Canada are celebrating 95 years of dedicated services;

Therefore be it resolved that all members of this House recognize the contributions of the Girl Guide movement and the many Nova Scotia women and girls whose involvement with Girl Guides have helped make this province a better place to live.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Minister of Education.

[Page 8303]

RESOLUTION NO. 4563

HON. JAMES MUIR: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Internet is at the same time an incredible educational and entertainment resource, and an environment where children must learn to exhibit reasonable caution; and

Whereas AOL Canada and Toshiba of Canada sponsored a national Online Safety Week contest, designed to help children learn about how to use the Internet responsibly; and

Whereas New Germany Elementary School is the official winner of the Online Safety Week contest, earning a computer lab comprised of six Toshiba laptops and cases for the school;

Therefore be it resolved that all members of this House congratulate the administration, staff and students of New Germany Elementary School as well as the staff and management of AOL Canada and Toshiba of Canada for their combined efforts to make the Internet a safer place for our children.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Minister of Community Services.

RESOLUTION NO. 4564

HON. DAVID MORSE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the week of October 16^th to October 22^nd is Foster Family Appreciation Week and there are approximately 700 loving, dedicated and caring foster families in Nova Scotia; and

[Page 8304]

Whereas foster families across the province are being celebrated this week with thank you cards featuring artwork and poetry created by children and youth in care; and

Whereas foster families participate in a comprehensive training program to prepare them to provide loving and nurturing homes for children and youth during very difficult times;

Therefore be it resolved that all members of this House extend their gratitude to Nova Scotia's foster families for opening their hearts and homes to children in need.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

INTRODUCTION OF BILLS

MR. SPEAKER: The honourable Minister of Health Promotion.

HON. RODNEY MACDONALD: Mr. Speaker, before I introduce this bill being put forward on behalf of the Minister of Health, I wish to introduce a couple of individuals with us in the east gallery. We have with us Dr. Jeff Sangster, President of the Nova Scotia Association of Optometrists, and also Mr. John Butler, Chairman of the Nova Scotia Board of Dispensing Opticians, who have done a great deal of work in preparation of the bills being put forward. I would ask them to rise and receive the warm welcome of the House. (Applause)

MR. SPEAKER: We welcome our special guests to the gallery and hope they enjoy the proceedings.

Bill No. 232 - Entitled an Act Respecting the Practice of Optometry. (Hon. Angus MacIsaac)

Bill No. 233 - Entitled an Act to Amend Chapter 2 of the Acts of 1991. The Energy-efficient Appliances Act. (Ms. Joan Massey)

[Page 8305]

Bill No. 234 - Entitled an Act to Amend Chapter 293 of the Revised Statutes of 1989. The Motor Vehicle Act. (Ms. Diana Whalen)

Bill No. 235 - Entitled an Act Respecting Dispensing Opticians. (Hon. Angus MacIsaac)

MR. SPEAKER: Ordered that these bills be read a second time on a future day.

[7:15 p.m.]

NOTICES OF MOTION

MR. SPEAKER: The honourable Leader of the Opposition.

RESOLUTION NO. 4565

MR. DARRELL DEXTER: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Atlantic Mayors' Congress took place this past weekend, October 15^th and 16^th, in Summerside, Prince Edward Island; and

Whereas the record high cost of home heating, particularly for pensioners and others on a fixed income, was a major concern expressed by the mayors from across the region; and

Whereas the mayors called upon the federal government to remove the GST, and therefore the HST, from home heating;

Therefore be it resolved that the House join with the Atlantic Mayors' Congress in urging the immediate removal of sales tax from home heating, which is a necessity of life in Atlantic Canada.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

I hear a No.

The notice is tabled.

[Page 8306]

The honourable member for Cape Breton South.

RESOLUTION NO. 4566

MR. MANNING MACDONALD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas October 16 to October 22, 2005, is Foster Family Appreciation Week; and

Whereas there are more than 700 foster families in Nova Scotia, and this week provides an opportunity to recognize foster families across the province for their dedication to young people; and

Whereas the theme of this year's Foster Family Appreciation Week is Open Doors, Open Hearts;

Therefore be it resolved that all members of the Legislature acknowledge the importance of foster families in Nova Scotia and recognize the important role they play in serving the needs of young people in their care.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Premier.

RESOLUTION NO. 4567

HON. JOHN HAMM (The Premier): Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Nova Scotia's country singing sensation, formerly hailing from Pictou County, has recently made headlines once again; and

[Page 8307]

Whereas in September, the Canadian Country Music Awards celebrated George Canyon's talents with four awards; and

Whereas he was singled out for Male Artist of the Year, the Fan's Choice Award, as well as Single of the Year and Songwriter for his emotional hit entitled My Name, co-written with Cape Breton's own Gordie Sampson;

Therefore be it resolved that all members of this Legislature applaud once again this modest Nova Scotian "Rising Star" who, regardless of the attention he has received to date, felt prior to the awards that his name wouldn't be on any of them, let alone four.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Leader of the Opposition.

RESOLUTION NO. 4568

MR. DARRELL DEXTER: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Duke of Edinburgh Awards annually recognizes youths from across Canada who participate in community service, skills development, physical fitness and other extracurricular activities; and

Whereas 21-year-old Mount Allison University student Matt Connor, from Cole Harbour, demonstrates his commitment to community service, and as a member of the Nova Scotia Rowing Team and as a lifeguard participated in the 2001 Canada Games and attended a week-long leader's day camp in Toronto; and

Whereas on June 2, 2005, at a ceremony in Charlottetown, 21-year-old Matt Connor was awarded the Duke of Edinburgh Gold Award from His Royal Highness, the Earl of Wessex, Prince Edward;

[Page 8308]

Therefore be it resolved that the members of the House of Assembly congratulate Matt Connor for receiving the Duke of Edinburgh Gold Award and wish him continued success in his future endeavours.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Kings West.

RESOLUTION NO. 4569

MR. LEO GLAVINE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Minister of Natural Resources released his government's plan to deal with the off-highway vehicles in Nova Scotia on October 12^th; and

Whereas the minister at the time his plan was released couldn't spare much time for Nova Scotians as he was just too busy; and

Whereas the minister didn't really seem to understand his government's plan anyway;

Therefore be it resolved that the members of the House remind the minister that as long as he and his Party intend to go back to the voters for support come election time, he had best make time for Nova Scotians.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

[Page 8309]

I hear a No.

The notice is tabled.

The honourable member for Pictou East.

RESOLUTION NO. 4570

MR. JAMES DEWOLFE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas after 20 years of loyal and dedicated service to the Municipality of Pictou, Clyde Purvis has retired as the municipality's Chief Administrative Officer; and

Whereas a reception in Clyde's honour was held recently in late September to recognize Clyde's contribution to the local government in Pictou County since 1985; and

Whereas besides the reception, a roast was also held for Clyde to recognize his retirement milestone and his 20 years with the Municipality of Pictou;

Therefore be it resolved that all members of this House applaud the hard work and dedication shown by Clyde Purvis to his job over the past 20 years and wish he and his wife, Sharon, nothing but good times, good health and happiness.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Cole Harbour-Eastern Passage.

RESOLUTION NO. 4571

MR. KEVIN DEVEAUX: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

[Page 8310]

Whereas "Lobsters in the City", a fundraiser for the Abilities Foundation of Nova Scotia, has been a huge success throughout the Halifax Regional Municipality; and

Whereas the 2004-05 Grade 6 class of Dana Grant at Astral Drive Elementary School drew their inspiration from the fundraiser to produce their own versions of the lobsters adorned in various colours and designs; and

Whereas the students at Astral Drive Elementary School paid 25 cents to vote for their favourite design and all proceeds went to the Abilities Foundation of Nova Scotia;

Therefore be it resolved that this House congratulate the students of Dana Grant's Grade 6 class at Astral Drive Elementary School for their efforts in raising money for the Abilities Foundation of Nova Scotia through their creative lobster designs.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Preston.

RESOLUTION NO. 4572

MR. KEITH COLWELL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas on October 16, 2005, the Children's Wish Foundation McCain Wishmakers Parade was held in Halifax and Dartmouth; and

Whereas the volunteers organized a parade, which brought in $23,000 for the Children's Wish Foundation; and

Whereas the Children's Wish Foundation helps children cope with serious illnesses by giving them hope and comfort and allows children to be children;

[Page 8311]

Therefore be it resolved that the members of this House of Assembly congratulate the organizers of the Wishmakers Parade and all those who supported this worthy cause.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Chester-St. Margaret's

RESOLUTION NO. 4573

MS. JUDY STREATCH: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas after a year and a half of hard work, a new RCMP community policing office opened in Mill Cove this Summer; and

Whereas Constable Adree Zahara hosted the opening of the new office, attended by a large group of officers and citizens, saying this will be a great resource for the community; and

Whereas the new Mill Cove site will be manned four to six hours each week and is the third such office to be opened in the area served by the Chester office in the past four years;

Therefore be it resolved that all members of this House thank all of the hard-working officers and members of the community who support these community policing offices and also for recognizing a need and stepping in to lend their strong presence to the area.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

[Page 8312]

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Halifax Needham.

RESOLUTION NO. 4574

MS. MAUREEN MACDONALD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas World Food Day is celebrated each year on October 16^th, and is recognized in 150 countries as a day for raising public awareness concerning global food issues; and

Whereas on this past Sunday, October 16^th, the 9^th Annual Oxfam Hunger Banquet was held in Halifax to commemorate World Food Day; and

Whereas this annual event provides a forum to raise awareness of issues of global food security and hunger and an opportunity for individuals to begin to take action;

Therefore be it resolved that the Nova Scotia Legislature be mindful of issues of global food security and hunger, as well as urgent local issues of poverty and hunger, as demonstrated by the continuing need for food banks.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Clare.

[Page 8313]

RESOLUTION NO. 4575

MR. WAYNE GAUDET: M. le Président, à une date ultérieure, j'ai l'intention de proposer l'adoption de la résolution suivante:

Attendu que le réseau néo-écossais de l'initiative canadienne sur le bénévolat a tenu son premier congrès en septembre; et

Attendu que des bénévoles et des organisations sont venus de partout à travers la province pour partager des idées et planifier des activités pour l'avenir; et

Attendu que le réseau Nouvelle-Écosse est engagé dans un dialogue pour soutenir les efforts de tous les bénévoles de la Nouvelle-Écosse;

Qu'il soit résolu que les membres de cette assemblée félicitent et remercient les organisateurs du, et les participants au, congrès provincial du réseau Nouvelle-Écosse de l'initiative canadienne du bénévolat.

Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Nova Scotia Network of the Canada Volunteerism Initiative held their first annual provincial conference in September; and

Whereas volunteers and organizations from across the province took part in three days of idea sharing and planning for the future; and

Whereas the Nova Scotia Network is committed to an open exchange of ideas in the best interest of all Nova Scotian volunteers;

Therefore be it resolved that all members of this House congratulate the Nova Scotia Network of the Canada Volunteerism Initiative for an excellent conference, and thank them for all their work thus far.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

[Page 8314]

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Colchester North.

RESOLUTION NO. 4576

MR. WILLIAM LANGILLE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas renovations at the Lillian Fraser Memorial Hospital in Tatamagouche got a jump-start from two non-profit groups this past July; and

Whereas the North Shore Health Services Foundation and the Lillian Fraser Memorial Hospital Auxiliary made a combined donation of $100,000 towards the required $500,000 needed to complete the renovations; and

Whereas the renovation project will allow for expansion of satellite services and clinics, and renovations will also be made to the hospital's emergency room, in-patient area and laboratory services;

Therefore be it resolved that all members of this House thank the North Shore Health Services Foundation and the Lillian Fraser Memorial Hospital Auxiliary for recognizing a need, and boldly stepping in to help fundraise for these important renovations.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Hants East.

[Page 8315]

RESOLUTION NO. 4577

MR. JOHN MACDONELL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas volunteers work every day to help find a cure for cancer; and

Whereas Mrs. Ellen Laffin, along with helping out where needed for the past 20 years with the Ladies Auxiliary of the Noel and District Volunteer Fire Department, has provided valuable assistance to the Canadian Cancer Society during their fundraising drives; and

Whereas on May 27^th, on Volunteer Awards Night, Mrs. Laffin was recognized by the Municipality of East Hants with the Shining Star Award for doing her part in beating cancer;

Therefore be it resolved that this House of Assembly congratulate Ellen Laffin on her award, and thank her for taking up the fight against cancer.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Halifax Clayton Park.

RESOLUTION NO. 4578

MS. DIANA WHALEN: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the third week of October is designated as Canadian Citizenship Week, providing an opportunity for us to celebrate the privilege and responsibility our Canadian citizenship awards us; and

Whereas throughout the world many individuals and families are looking to improve their quality of life, and choose to come to Canada and add to our culture and diversity; and

[Page 8316]

Whereas this is a time for us to recognize the value of our Canadian citizenship and encourage immigration, which continues to strengthen our nation;

Therefore be it resolved that members of this House reflect upon the importance of Canadian Citizenship Week and recognize how fortunate we are to be Canadian.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

[7:30 p.m.]

The honourable member for Guysborough-Sheet Harbour.

RESOLUTION NO. 4579

MR. RONALD CHISHOLM: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Holland Harbour, in Guysborough County, can now boast to have the tallest sculpture in Nova Scotia; and

Whereas German sculptor, Helga Natz, spends several months of the year in Seal Harbour where she has a studio, and created the sculpture as an example of contemporary artwork becoming part of the natural landscape; and

Whereas the steel and sand sculpture has garnered a lot of local support from businesses: Matheson & Company in New Glasgow produced the sculpture; C.J. MacLellan & Associates Incorporated in Antigonish arranged the structural engineering of the concrete base; and George F. MacDonald & Sons Limited in Rocky Mountain excavated and prepared the location;

Therefore be it resolved that all members of this House thank Helga Natz for her amazing sculpture, and also all of the businesses involved in bringing this to life.

[Page 8317]

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Dartmouth East.

RESOLUTION NO. 4580

MS. JOAN MASSEY: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas this Summer the first annual Great East Dartmouth Barbeque was held, and even though there was a bit of rain, it did not dampen the spirits of those who attended; and

Whereas those who did come out enjoyed hotdogs, a bounce castle and had a chance to meet some new neighbours; and

Whereas a date has been set for next year's event for August 12^th, which is shaping up to be bigger and better;

Therefore be it resolved that this House thank all those who made the day possible, including the United Way, the Dartmouth Community Health Board, the Dartmouth Family Centre, Scotiabank, the East Dartmouth Boys and Girls Club, and many others.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

[Page 8318]

The motion is carried.

The honourable member for Halifax Clayton Park.

RESOLUTION NO. 4581

MS. DIANA WHALEN: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas many young Nova Scotians are unable to pursue post-secondary education because of the increasingly high cost of tuition, which in Nova Scotia is $2,000 above the national average; and

Whereas Nova Scotia is the only province in Canada that does not have a dedicated provincially-funded, needs-based grants program; and

Whereas no qualified Nova Scotian should be denied access to post-secondary education because of their economic circumstances;

Therefore be it resolved that all members of this House urge the Government of Nova Scotia to establish a provincially-funded, needs-based grants program, complementing the existing federal Millennium Scholarship Program, so that Nova Scotians who seek a post-secondary education have the necessary resources to do so.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

I hear a No.

The notice is tabled.

The honourable Minister of Environment and Labour.

RESOLUTION NO. 4582

HON. KERRY MORASH: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

[Page 8319]

Whereas Caledonia's family-owned business, Van Dyk's was honoured at the 21^st Annual Export Achievement Awards this past May; and

Whereas for 21 years the Nova Scotia Export Achievement Awards have honoured pioneering companies whose creativity, innovation and determination have made them international success stories; and

Whereas, located in Caledonia for more than 40 years, the Van Dyk's flagship product, 100% Wild Blueberry Juice, along with other high-quality products (Interruptions)

MR. SPEAKER: Order, please. It's very noisy in here tonight.

The honourable Minister of Environment and Labour.

MR. MORASH: Whereas, located in Caledonia for more than 40 years, the Van Dyk's flagship product, 100% Wild Blueberry Juice, along with other high-quality products have close to doubled their out-of-province exports from 2003 to 2004, making inroads in Ontario, Quebec and Western Canada;

Therefore be it resolved that all members of this House congratulate Van Dyk's of Caledonia on their award, and wish them many more years of future success and prosperity.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Halifax Atlantic.

RESOLUTION NO. 4583

MS. MICHELE RAYMOND: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

[Page 8320]

Whereas The Food and Agriculture Organization of the United Nations celebrated World Food Day on October 16^th, marking agriculture as not only a way of life, but also as a heritage and as a cultural identity; and

Whereas many Nova Scotian farmers work hard at producing their agricultural products, but face tremendous adversity in keeping up their traditional way of life due to a lack of access to provincial institutions; and

Whereas this government has long promised Nova Scotian farmers a buy-local program that would see Nova Scotian-produced agricultural products being served in our provincial institutions;

Therefore be it resolved that this government stop plowing Nova Scotia money into foreign fields and finally deliver on its promises for a buy-local program that would see a real preference given to Nova Scotian products in Nova Scotia institutions.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

I hear a No.

The notice is tabled.

The honourable member for Kings West.

RESOLUTION NO. 4584

MR. LEO GLAVINE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the United Nations has marked October 17^th the International Day for the Eradication of Poverty and 2005 as the year to focus on the fight against global poverty; and

Whereas every day, 30,000 children die due to causes directly related to poverty and 800 million people are chronically hungry and malnourished around the world; and

Whereas 189 heads of state and governments have created a partnership to fight extreme poverty and achieve real improvements in all countries;

[Page 8321]

Therefore be it resolved that members of the House of Assembly recognize October 17, 2005, as the International Day for the Eradication of Poverty and applaud the efforts of the United Nations and the individuals who strive to make poverty a matter of the past.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Minister of Education.

RESOLUTION NO. 4585

HON. JAMES MUIR: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Albert McNutt of Truro has received the prestigious Award for Action on HIV/AIDS and Human Rights from the Legal Network and the New York-based Human Rights Watch; and

Whereas the award recognizes an individual or organization that has led the struggle against HIV/AIDS while also fighting for the advancement of human rights; and

Whereas Albert McNutt was a leading player in the successful fight to award survivor benefits to those who have lost a same sex partner;

Therefore be it resolved that all members of this House congratulate Albert McNutt on receiving an Award for Action on HIV/AIDS and Human Rights; thank him for his efforts to educate young people and others who are vulnerable to HIV/AIDS and for his continuing fight against discrimination against those living with AIDS.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

[Page 8322]

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Pictou West.

RESOLUTION NO. 4586

MR. CHARLES PARKER: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas many volunteers in the Town of Pictou worked very hard to organize and make the first annual Children's Wish Foundation fundraiser on September 11^th a whopping success; and

Whereas activities included entertainment, face painting, ice cream cones, skateboarding demonstrations, games for children, an antique car show and a car wash by the Pictou Youth Centre; and

Whereas more than $2,200 was raised to assist in granting a wish for a sick child through the Children's Wish Foundation;

Therefore be it resolved that this Nova Scotia Legislature congratulate the organizers of Pictou's first successful Children's Wish Foundation fundraiser and wish them continued success in future years.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

[Page 8323]

The honourable member for Clare.

RESOLUTION NO. 4587

MR. WAYNE GAUDET: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Jeffrey Dugas of New Edinburgh represented Nova Scotia at the 5-Pin Youth Bowling Championships in Surrey, British Columbia, this past May; and

Whereas Jeffrey took home a silver medal from this national championship, which equals his silver medal from last year's events; and

Whereas in the past three years, Jeffrey has placed in the top five in the national championship;

Therefore be it resolved that members of this House congratulate Jeffrey Dugas for his ongoing success at the National 5-Pin Youth Bowling Championships and wish him continued success in the future.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Cape Breton West.

RESOLUTION NO. 4588

MR. RUSSELL MACKINNON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Cape Breton Island is the destination for tourists travelling with paragliders and hang-gliders; and

[Page 8324]

Whereas towing behind a vehicle is one way of getting into the air and a standard method of gaining altitude, but it is more demanding of a skill level to undertake a tow; and

Whereas proper training is vital for pilots and the safety record in Canada this year has not been a good year with fatalities across the country;

Therefore be it resolved that all members of this House encourage the Nova Scotia Department of Transportation and Public Works to collaborate with Transport Canada and the Transportation Safety Board in an effort to develop and enforce safety regulations for this sport - making it mandatory that all new gliders attend a certified paragliding or hang-gliding school.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Dartmouth South-Portland Valley.

RESOLUTION NO. 4589

MS. MARILYN MORE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Caregivers Nova Scotia is a province-wide non-profit organization dedicated to providing information and practical supports for caregivers; and

Whereas Caregivers Nova Scotia recently created a new position of Caregiver Support Coordinator to provide information and practical supports to family caregivers; and

Whereas Fiona Haysom will be a welcome resource and sympathetic ear to people across the province who are caring for a loved one who is ill or disabled;

Therefore be it resolved that the members of this Legislature congratulate Caregivers Nova Scotia on their continued and expanded role as a support network and voice for family caregivers in this province.

[Page 8325]

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Cape Breton West.

RESOLUTION NO. 4590

MR. RUSSELL MACKINNON: I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Mary Ann MacLeod, a resident of Marion Bridge, Cape Breton, was born on September 20, 1905, in North Framboise, Richmond County; and

Whereas Mary Ann raised 14 children and has 26 grandchildren, 33 great-grandchildren and two great-great-grandchildren; and

Whereas family and friends gathered to celebrate Mary Ann's 100^th birthday celebration on September 17, 2005 at the St. Columba Presbyterian Church Hall, Marion Bridge;

Therefore be it resolved that all members of this House congratulate Mary Ann MacLeod on her 100^th birthday and wish her continued health and happiness for many years to come.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

[Page 8326]

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

Order, please. Order. I would ask the honourable members to take their seats, please.

The honourable member for Timberlea-Prospect.

RESOLUTION NO. 4591

MR. WILLIAM ESTABROOKS: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Wayne Blackburn has given 30 years of valuable service to the Lakeside Fire Department; and

Whereas throughout these years of dedication, Wayne has demonstrated an exemplary approach to his responsibilities as a member of the fire service; and

Whereas Wayne Blackburn's accomplishments were recognized in a celebration at the Lakeside Fire Hall on Saturday, September 17, 2005;

Therefore be it resolved that the Nova Scotia Legislature congratulate and thank Wayne Blackburn for his commitment to our community with wishes of good luck in his future endeavours.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Sackville-Cobequid.

[Page 8327]

RESOLUTION NO. 4592

MR. DAVID WILSON (Sackville-Cobequid): Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Sack-A-Wa Canoe Club for over 24 years has provided Spring, Summer and Fall programs on canoeing and kayaking to the youth and adults of Lower Sackville; and

Whereas there is emphasis placed on water and boat safety, as well as other elements of leadership, competitive activities and personal growth; and

Whereas many club paddlers showed determination and a great sense of pride for their province and canoe club at this year's nationals;

Therefore be it resolved that the members of the Nova Scotia Legislature extend congratulations to all members of the Sack-A-Wa team who went to the nationals with an outstanding showing, as well as being great ambassadors for not only Nova Scotia, but Sackville and the Sack-A-Wa Canoe Club.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Cape Breton Nova.

RESOLUTION NO. 4593

MR. GORDON GOSSE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas this past Friday, 40 workers at the Clearwater processing plant in North Sydney received their layoff notices, putting the financial well-being of many Cape Breton families in peril; and

[Page 8328]

Whereas successful Liberal and Progressive Conservative Governments have failed to protect the rights of local fishing communities and their processors; and

Whereas Nova Scotia has lost over 3,000 fish-processing jobs between 1991 and 2001, and the losses on Friday point to this being a continued trend;

Therefore be it resolved that this House recognize those working in all levels of the fishing industry should no longer have their livelihood and economic well-being put in jeopardy by failed public policies of previous Liberal and Conservative Governments.

[7:45 p.m.]

MR. SPEAKER: The notice is tabled.

The honourable member for Dartmouth North.

RESOLUTION NO. 4594

MR. JERRY PYE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Canada Games provides a positive environment that offers fulfilment, cultivates new friendships and fosters leadership through development in sports; and

Whereas competitive sports bring out the best in athletic achievement, both individually or working together as a team; and

Whereas in this competitive environment of athletics, success is achieved through passion and commitment to the sport and Daniel Marks proved this by winning gold in the Men's C - 200, Silver in the Men's C4 - 1000 and Bronze in the Men's C1 - 200;

Therefore be it resolved that the Members of the Nova Scotia Legislative Assembly show their appreciation of Daniel Marks' outstanding athletic performance on behalf of all Nova Scotians.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

[Page 8329]

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Minister of Community Services.

HON. DAVID MORSE: Mr. Speaker, we have a familiar face and a friend to this House here in the east gallery this evening. I'd like to introduce Mary Ann McGrath to the House and she is now the nominated candidate for the PC Party for Halifax Clayton Park. (Applause)

MR. SPEAKER: I welcome Mary Ann to the gallery this evening and I hope she enjoys the proceedings.

The honourable member for Cole Harbour-Eastern Passage.

RESOLUTION NO. 4595

MR. KEVIN DEVEAUX: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas students at Cole Harbour District High School have formed the Social Justice Group to promote awareness of important issues such as fair trade, global warming, poverty and human rights both amongst students and the community as a whole; and

Whereas a No Sweat campaign has begun at Cole Harbour District High School to ensure all clothes purchased by and for the school are manufactured under safe and healthy conditions; and

Whereas Cole Harbour District High School has a successful youth health centre known as the Cavway to help inform students with regard to various health issues facing youth;

Therefore be it resolved that this House congratulate Cole Harbour District High School and those students at the school who are trying to make a difference in their world, both locally and globally.

Mr. Speaker, I request waiver of notice.

[Page 8330]

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Cape Breton Nova.

RESOLUTION NO. 4596

MR. GORDON GOSSE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas one in every 166 children is diagnosed with autism; and

Whereas autism is the fastest growing childhood disability in Canada where the rate is rising steadily; and

Whereas on October 8, 2005, families from near and far assembled on the boardwalk in Sydney, Nova Scotia to walk for autism awareness;

Therefore be it resolved that Members of the Legislative Assembly acknowledge the Autism Society of Cape Breton for its ongoing efforts in helping improve the quality of life for those Cape Breton families who must face autism on a daily basis.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

[Page 8331]

The honourable member for Halifax Needham.

RESOLUTION NO. 4597

MS. MAUREEN MACDONALD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas education is said to be the great equalizer and is the basis for improving one's life chances for good health, employment and longevity; and

Whereas governments from all levels have a vital role to play in poverty eradication through policy which addresses income and social security, education, housing and health care; and

Whereas inexplicably the current Nova Scotia Government has put in place barriers to higher education for those in receipt of social assistance, contributing to an ongoing cycle of poverty for many families;

Therefore be it resolved that we remind the members of the government Party on this day, the International Day for the Elimination of Poverty, that through their actions they have contributed to the ongoing cycle of poverty for many Nova Scotians.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

I hear a No.

The notice is tabled.

The honourable member for Dartmouth South-Portland Valley.

RESOLUTION NO. 4598

MS. MARILYN MORE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the HRM Federation of Community Agencies had its founding meeting September 30^th; and

[Page 8332]

Whereas both individuals and organizations recognized the need to work collectively on the challenge facing their non-profit agencies; and

Whereas governments, communities and families depend heavily on their essential social programs and services as part of the social safety net in this region of the province;

Therefore be it resolved that the Nova Scotia House of Assembly recognize the valuable work of the members of the HRM Federation of Community Agencies, congratulate the federation organizers and members and pledge to support its collaborative work.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Timberlea-Prospect.

RESOLUTION NO. 4599

MR. WILLIAM ESTABROOKS: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas residents in the Beechville, Lakeside and Timberlea area have reached out to help 17-year-old Nicole Lee and her family as they face the medical challenges ahead; and

Whereas the community has been raising funds for Nicole; and

Whereas Larry and Jackie Sampson organized a bike/run/walkathon along the BLT Rails to Trails that raised over $13,000;

Therefore be it resolved that the House of Assembly congratulate and thank Jackie and Larry Sampson and all involved in the continuing efforts to raise funds for Nicole Lee.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

[Page 8333]

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Hants East.

RESOLUTION NO. 4600

MR. JOHN MACDONELL : Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas rowing is a sport that makes a big splash in Nova Scotia; and

Whereas Ms. Tracy Cameron of Shubenacadie took up the sport relatively late in life but quickly achieved a spot on Canada's national rowing team; and

Whereas on September 4, 2005, Ms. Cameron and her crew mates struck gold in the lightweight women's quad event at the FISA World Rowing Championships at Gifu, Japan;

Therefore be it resolved that this House of Assembly congratulate Tracy Cameron and her teammates on their gold medals and wish them similar success in future events.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Dartmouth North.

[Page 8334]

RESOLUTION NO. 4601

MR. JERRY PYE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Canada Games provides a positive environment that offers fulfillment, cultivates new friendships and fosters leadership, through the development of sports; and

Whereas competitive sports brings out the best in athletic achievement both individually or working together as a team; and

Whereas in this competitive environment of athletics, success is achieved through a passion and commitment to the sport and (Interruption)

MR. SPEAKER: Order, please.

MR. PYE: Thank you, Mr. Speaker. I will just go partially.

. . . is achieved though passion and commitment to the sport; and

Whereas Maria Halavrezos proved this by winning gold in the Women's C2-6000 and silver in the Women's C2-500;

Therefore be it resolved that the members of the Nova Scotia Legislative Assembly show their appreciation of Maria Halavrezos's outstanding athletic performance on behalf of all Nova Scotians.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Dartmouth East.

[Page 8335]

RESOLUTION NO. 4602

MS. JOAN MASSEY: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas a few short weeks ago I yet again paid $50 to register my youngest son at our local high school; and

Whereas some parents have had to dole out over $100 for this registration that can include lockers, agendas and such; and

Whereas although as parents and guardians we do what we can to help fundraise whenever possible throughout the school year;

Therefore be it resolved that the Department of Education stop using this hidden fundraiser and start funding rather than underfunding our children's school system in this province.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

I hear several Noes.

The notice is tabled.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

MR. SPEAKER: The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call the order of business, Public Bills for Second Reading.

PUBLIC BILLS FOR SECOND READING

MR. SPEAKER: The honourable Government House Leader.

[Page 8336]

HON. RONALD RUSSELL: Mr. Speaker, would you please call Bill No. 222.

Bill No. 222 - Tobacco Damages and Health-care Costs Recovery Act.

MR. SPEAKER: The honourable member for Timberlea-Prospect.

MR. WILLIAM ESTABROOKS: Mr. Speaker, first of all, I want you to know that I took my homework home over the weekend, and I want to thank the member for Halifax Needham. I'm going to refer to this book a number of times, but I'm not going to table it. I want members opposite to know that this would be a very appropriate book for any of them to read when it comes to the title of the Canadian tobacco war. It's very much a think piece by Rob Cunningham, and the title is, Smoke & Mirrors. So I want to thank the member for Halifax Needham for that book, and perhaps I can table that section that I'm going to be quoting from as I begin my comments on Bill No. 222.

It seems to me, Mr. Speaker, that if I look at these opening comments, I want to read this into the record and then I want, if you're interested, the members opposite to guess what particular year these arguments were made. I will begin with this. "Doctors and health organizations decry the harm caused by tobacco use and demand that the government impose tough regulations to control the tobacco industry. Tobacco manufacturers and farmers oppose regulation, arguing that there is no proof that smoking is harmful, that government intervention in the marketplace is unjustified, that regulation will cost jobs and hurt the economy, and that there is no proof that regulation will accomplish intended objectives." The year was 1903.

That was an argument being made public to make sure that Canada was considering the banning of tobacco -1903. Let me tell you, there is no industry in this country that has reinvented itself in so many ways as the Canadian tobacco industry. If you look through this book in certain places, it's always interesting to look at how advertising has changed over the years when it comes to smoking. It's quite a history lesson. You can see the endorsements, you can see the very attractive young women who are brought in to, of all things, sell Craven A. What an appropriate name for cigarettes of the day - Craven A. Then there is, in one of those particular ads, the fact, of course, that the men going to war were in need of cigarettes and that donations should be made.

Mr. Speaker, as you well know, I'm the proud son of a veteran who landed in Normandy, who helped liberate Holland but let me tell you, my father smoked for years and it eventually took his life. I want you to know that is the reason that I have never had a smoke. I don't consider that to be righteous, I'm not better than members of this House who have decided that they are going to have a smoke.

[Page 8337]

I want to point out to you my fear with tobacco, this is a 1903 argument but this is the year 2005. I was visiting one of my local high schools, I shouldn't say it that way, one of our local high schools today, and they were just changing classes and what shocked me - again, they come off the school grounds, they're allowed that in high school of course, they come off the school grounds and they have a cigarette - was the disproportionate number of young women that are still smoking. I parked my vehicle, walked up through them and I must admit I said to them, this is a healthy way to enjoy a nice fall day in Canada. Some of them knew who I was, some of them didn't appreciate my sarcasm.

Mr. Speaker, this problem has not gone away. This industry has reinvented itself in so many ways and in so many situations that we continually face the issue as parents, as school teachers and you in your previous position as a law enforcement officer to at times apply laws we knew just could not be taken care of. I can use this for an example because I've been put in this situation in a previous career where a young women was writing an exam and during the exam she asked to go to the washroom. The teacher said - incidentally this was at a very prominent high school in the community of Lower Sackville where the young man from Sackville-Cobequid was not present that day, the teacher followed the student a couple of minutes later into the washroom asking the student, is there a problem. What was this young woman doing? She was having a cigarette in the middle of the exam, she was stressed out and she needed a smoke. The teacher called me - not into the girls washroom, be careful now - into the situation, brought the girl out with the cigarette. We went down to my office and I said to her that I was going to have to send her home for a couple of days. She had to have a cigarette. She just had to have a cigarette, in the middle of her chemistry exam. I mean if she wanted to know about nicotine, I guess she could learn first-hand.

[8:00 p.m.]

I must admit, Mr. Speaker, I let her finish the exam. She finished it in my office in fact, but I did suspend her and when I suspended her - and here's the case that I want to bring to your attention - she was a girl in Grade 11, so she would probably be, what, 17 at the time, and when I suspended the girl for having a cigarette in the middle of her chemistry exam in Grade 11, her mother asked me, what's the big deal, I let her smoke at home with me. Now, there's the problem we deal with. There's the problem. We can make all the laws, we can have all the judicial decisions, we can have all the input from the health authorities, we can hear from Doctors Nova Scotia, from Clean Nova Scotia, we can hear from whatever experts. (Interruptions)

Excuse me, Mr. Speaker, I must have been at the same party that the member for Inverness was because I have the same problem that he does, and I can sing in English and he must have been singing in Gaelic.

[Page 8338]

Mr. Speaker, I want to point out to you the problem with legislation and the problem with involving court cases when it comes to this particular issue - it comes down to social values. In future years will it be acceptable for young men and women to have a smoke, will it be an issue of social prominence, or will it not? This particular piece of legislation, of course, has the support of this caucus and we're looking forward to it going through the Law Amendments Committee, but this piece of legislation will take much more when it comes to implementation. There will be appeals probably, there will be questions about constitutionality, and lawyers will continue to make more and more money off this case and the decision that is forthcoming.

This particular piece of legislation has to send a clear message to Canadians and to Nova Scotians. To the minister opposite, I congratulate him for bringing it forward, but we have many long battles and many struggles ahead. So with those few comments, Mr. Speaker, I look forward to bringing forward this bill to the Law Amendments Committee.

MR. SPEAKER: The honourable member for Preston.

MR. KEITH COLWELL: This, I believe, is the right step forward by the government, to hold the tobacco companies accountable for some of the costs, and I'm going to relate a personal story on tobacco. It's difficult for me to do, but about a year ago my wife was diagnosed with breast cancer. Now, for the past 16 years she hadn't smoked, but prior to that she smoked three packs a day. I don't know, and there's no way of ever knowing, if that smoking was the cause of the breast cancer and it's only by luck that she went for her first mammogram ever and found this small lump in her breast that couldn't be detected any other way. By the time they operated, four weeks later, it had grown to almost ten times the original size.

Now, that's a personal story. My father died from leukemia and my father-in-law died from lung cancer, both of them smokers. My mother died from cancer, from second-hand smoke, I'm sure, or as a result of some of the things to do with that, and it's time that the tobacco companies were held accountable for these things - and I'm just one family. I'm sure every family in Nova Scotia that can tell a similar story; I hope not, but they probably can. Even if this isn't successful, even if we never get a penny from the tobacco companies, if we can bring enough attention to this to prevent people from starting to smoke - one child - it's worth every minute and every hour we spend on this in this Legislature, and every hour and every dollar the province spends on preventing people from getting cancer.

I've seen the movies, when I was growing up, of the lungs filled with the black tar and all the other things, and we're only finding out now that second-hand smoke is so bad. I can remember going to facilities and there was so much smoke, at dances and stuff, you couldn't breathe. Luckily I've never smoked myself. After growing up with a father who smoked in the car, cigarettes, cigars and a pipe, I decided that maybe it's not such a good

[Page 8339]

thing to do. Lucky for me that I didn't start and hopefully there are a lot of people out there who make that decision on an ongoing basis.

It's a difficult thing. I've heard the stories about how it's more difficult to quit smoking than it is to quit some of the hard drugs on the market. That's a pretty scary thing when you think about it. It is time that these guys are held accountable. There's no need to smoke. There's absolutely no need to smoke. Oftentimes people say, those are my rights and freedoms. I have a right to smoke. You may have the right to smoke, but you don't have the right to jeopardize anyone else's health and you don't have the right to put a heavy burden on our health care system that can be avoided by simply not doing something.

I remember all the debates about non-smoking legislation - I'm going to be talking about that in the future - in the past about the rights and a few people complaining about it. I wonder if those people who complained about it several years ago have any side effects from the smoking now. I wonder if they contracted cancer or some other disease from smoking. Hopefully they haven't, but probably some of them have. It goes on and on.

I commend the government for moving forward on this. I think we should have moved forward on this a lot sooner. Unfortunately, we had to have a court case in B.C. to get the legitimate go-ahead on this. I think that's very positive, and I commend British Columbia for doing that and moving this issue forward. It's a difficult situation when you're talking about suing the big tobacco companies. They'll do everything they possibly can to ensure that they don't have to pay any bills and then eventually, hopefully, they'll all go out of business so they won't have any product to sell. That would be sort of a nice scenario. I'm sure though the people who like to smoke - like when they had prohibition with alcohol in the 30s, in those years there was always someplace to get the product and the more counterban there is there, the more likely there is to be a market for it.

I know there is an HRM one, as a regional councillor, we passed the anti-smoking laws that started the process, but there needs to be more work done and this may be the way to do it. I know the federal government has stopped advertising with tobacco. That's a help - it all helps. Attitudes of people - I know it was said in this Legislature about 10 years ago and we talked about anti-smoking laws, and at that time it wasn't acceptable. Today it's very acceptable, people's attitudes have changed and slowly will change as time goes on.

You can imagine the cost to the family in the health care system and to the family in pain. I know what my family has gone through with these terrible things that people say they enjoy so much. When it really comes down to it, my wife, after smoking three packs a day, goes in a room now and she has to leave because she gets so filled up and really upset. It's a good thing that she reacted like that. If it wouldn't have been for that reaction she might have started smoking again, which I wouldn't want to think about - if indeed she would be with us today if she had continued smoking.

[Page 8340]

I want to commend the government for bringing this bill forward. I look forward to the day that we can collect a pile of money - I mean a pile of money - from the tobacco companies, and put it to good use in prevention and cures for these terribly horrible diseases that affect so many families in Nova Scotia. Thank you, Mr. Speaker.

MR. SPEAKER: The honourable member for Halifax Atlantic.

MS. MICHELE RAYMOND: Mr. Speaker, I have to say, I've rarely had the opportunity to speak to a bill that pleased me so very much. Like most Nova Scotians, it sounds as though like a lot of people in this room, I have been directly affected by tobacco. The first encounter that I would have had were the stories of a grandfather who I had never met, who apparently, in 1952, while dying of emphysema and living in what was called an oxygen tent, said show me the proof that tobacco causes any of this and I will stop immediately.

I don't know how many people before and since have said exactly that, however, the proof has been there for a very long time. The proof was there when my father died of chronic obstructive pulmonary disease and heart disease. Many of my father's last years were spent in hospital rooms with other patients with serious heart disease who had all stopped smoking but had spent large portions of their previous lives smoking. Those who have not died are still living rather lingering, uncomfortable, unpleasant lives. Those who have died have left behind a great deal of sorrow.

This is no accident. Ever since tobacco was first imported to Europe it has been popular, and known to be a highly-addictive drug. If you look at the songs of the temperance movement and some of the religious tracts of the 18^th and 19^th Centuries, they're decrying tobacco, sometimes with humour and often with a great deal of bitterness. It was understood to be a problem then; those who used the weed, I think is the phrase that smokers were often referred to.

So, why does it persist? It isn't any accident. At the moment, tobacco sales account for almost $9.8 billion a year. That's more than the Gross National Product of many countries on this Earth and those tobacco markets are cultivated. In fact, sometimes the illegal markets are cultivated where necessary. Imperial Tobacco was recently charged with deliberately fostering a black market in its product in order to circumvent taxation.

Smokers in the face of this are not people we can consider weak. They are people we can consider victims. There are some 200 chemical additives in any modern cigarette filter and there are, in fact, rumours that some of those are even more addictive than the drug nicotine. Those rumours have not been proven because the contents of a modern cigarette are a closely guarded secret.

[Page 8341]

An interesting sidelight on that is the fact that two years ago the psychiatric annals reported that 44 per cent of the cigarettes smoked in North America - this was only two years ago - on any given day on this continent are smoked by people who have suffered a psychiatric ailment within the preceding 30 days. It's highly correlated with the later development of depression and mental illness in the younger people who begin to use nicotine.

As well, it's estimated that approximately 250 million children alive today will die prematurely of the effects of tobacco. That doesn't even account for the impact on children who are not yet alive today, or the children who may not die of the effects of tobacco, but whose lives may be seriously compromised by the effects of low birth weight because they're the children not only of mothers who smoke, but children whose mothers are in households filled with smoke.

Even if it doesn't come to that, I know there are such things as veterinary health insurance, but I'm not sure that covers the effects on pug-nosed dogs and some of the short-nosed breeds of cats who are particularly prone to asthma in smoking households. Children, of course, are also impacted and we have very high rates of asthma wherever smoking takes place, as well as, of course, other airborne pollutants.

I had the experience recently of looking for a hotel room, however, and it was a very heartening thing because hotels where I was looking to stay were just about all full. It was a long weekend, everybody had gone shopping, it was very hard to find a room. I stopped in three different places and I was told, yes, there were rooms left - smoking rooms. Nobody wanted them. That is really, really heartening. I didn't want those rooms either, I decided I'd rather sleep in the car than sleep in one of those rooms. I think the estimate with the sign they put in the hotel room is they'll charge $250 to $300 to try to purge the place.

In any case, that $9.8 billion-a-year market is benefiting some entities and it does produce work. It certainly produces work in the tobacco industry, in the corner stores, in the casinos, in bars and in hospitals. It produces work as well in the other pharmaceutical industries. But when 45,000 Canadians die every year as a result of a very small portion of that $9.8 billion-a-year market and many others are left suffering from chronic obstructive pulmonary disease, heart disease, cancer of various sorts, then we have to wonder, is there any portion of that market that could possibly justify the costs which are being foisted upon our society?

My answer to that is, no, there is absolutely no portion of that market that could ever justify such a thing and this is one of the most right things that we as a Legislature could be doing is to put just some of the financial costs, let alone those unrecoverable emotional, psychological and social costs, to try to push at least some of those financial costs back on those who have deliberately and cynically been inflicting them on this nation and others over the past 100 years. Mr. Speaker, thank you very much.

[Page 8342]

[8:15 p.m.]

MR. SPEAKER: The honourable member for Kings West.

MR. LEO GLAVINE: Mr. Speaker, I'd like to speak for a few moments on Bill No. 222, which I consider to be a watershed event in the history of dealing with and providing a basis of attacking the very fundamental area of the problem and that is the tobacco companies themselves. So I think moving forward in this area is a very, very positive step for this province, and one which certainly our Party supports.

I'd like to just draw a reference to a little bit of statistical data to start out with and this is based on cancer statistics in Nova Scotia for the year 2000, and we obviously know that the major connection with smoking is indeed with lung cancer. Lung cancer was the leading type of cancer-related deaths, accounting for 33 per cent of cancer deaths in males, 23 per cent of cancer deaths in females, and both cancer incidences and mortality rates were consistently higher for males over the past 28 years, and a pattern driven by lung cancer.

Of course the very, very dismal statistics are on the side of the survival rates. For a five-year period they were highest for patients diagnosed with prostate or breast cancer, but survival rates for those with lung cancer are extremely low, 13 per cent in males, 15 per cent in females, for those who have lung cancer. Of course we all know that a very disturbing trend in our society and certainly here in Nova Scotia, is the increase among females. As a former teacher and vice-principal, this was one of the very noticeable trends during the 1990s, in particular, and carrying on into 2000.

So we know at this time that, in fact, again, the statistical picture which we have in that regard, the overall increase and rates of cancer instances among females is largely driven by the rising incidence of lung malignancies. And between 1984 and 1999, the rates of lung cancer increased on the average 3.6 per cent annually and they showed the highest rate of increases of all cancers diagnosed among women. So certainly that trend which started during the post-war period, in fact, has increased pretty dramatically.

One of the things, however, that even the current government must take a look at is the amount of revenue that comes from the sale of cigarettes, which is in the vicinity of $180 million, I think $178 million in the last year. So we see a very small amount of that going back into the health promotion area. That's one step that as we put this piece of legislation forward we could be very proactive on the side of taking more of that tax revenue and putting it into the fight, especially among, I think, our upper elementary and junior high school age group, where we see, of course, the initiation of smoking habits.

[Page 8343]

So that's one, I think, in the short term. I think in the long term obviously if we're able to gain significant revenue from this legal case against the tobacco companies, obviously Nova Scotians need to have that plan for where that money will be spent in the fight against cancer and against lung cancer, in particular, which is a significant problem in our province.

Certainly, Mr. Speaker, I look forward to hearing from those who will appear before the Law Amendments Committee. Hopefully, the case in support of the government's legislation will be exceptionally strong and the legal team developing the plan for moving this forward will certainly receive strong support.

MR. SPEAKER: The honourable member for Dartmouth North.

MR. JERRY PYE: Mr. Speaker, I rise to speak on Bill No. 222, an Act to Recover Damages and Health-care Costs from Manufacturers of Tobacco. I would imagine that if I would have walked into this Legislative Assembly some 20 years ago that I would have seen a huge number of people smoking and probably the air was wafting in blue, not just simply by verbal consternation among the members of the Legislative Assembly but actually in real visible evidence of smoking cigarettes. I'm not sure if that was the case, but I can assure you that it's far significantly more than the numbers that we have here today. I think that that's a testament to the ongoing tobacco industry and the health profession, particularly the health profession, in working very closely to make sure that the cessation of smoking was in fact a priority among all Canadians across this province.

I do know that this piece of legislation is a piece of legislation that was originally brought in from the Province of British Columbia. I also know that this was a Supreme Court challenge and that this piece of legislation stood the test of the Supreme Court challenge which allowed the Province of British Columbia to bring in this piece of legislation. Also, in fact, the Province of Nova Scotia has now brought forward the same piece of legislation or similar to that piece of legislation from the Province of British Columbia.

It's great to see that members of the Legislative Assembly recognize a good piece of legislation and will support that legislation. My guess is that when this piece of legislation crosses the legislative floor into the Red Room that there will be very few presenters to this piece of legislation. I think that this is a piece of legislation that has had significant consultation, significant consultation both with the health professionals provincially, and on a federal level. I think it's time for us to send a signal to the tobacco industry of just how difficult it is for people who have taken up smoking and that the industry knowingly manufactured a product that was highly addictive and damaging to one's health. For that very reason they should be held accountable, and this piece of legislation makes them held accountable.

[Page 8344]

Mr. Speaker, I'm a reformed smoker, actually I gave up smoking some 18 years ago. I have to tell you it was a constant reminder by my wife about the health effects that smoking would have and that it certainly wasn't healthy around my children and so on. Her constant badgering of me to quit smoking finally made me realize the kind of health problems that come with smoking cigarettes. I have to say I gave up smoking primarily because there was a constant reminder by my family members that this was not the appropriate thing to do. I can tell you, fortunately, that family members often emulate what you do. I can say today that no member of my family smokes, which is one of the attributes of not smoking.

We've often heard of the number of individuals - I've heard from my colleague, the member for Halifax Needham, who cited a number of statistical data and information that 45,000 Canadians die from a result of tobacco use, annually, across the country. We've heard statistical information from other members of this Legislative Assembly with respect to the percentage of lung cancer and so on, that happens; the results of emphysema and pulmonary disabilities as a result of smoking.

I remember quite clearly once when I visited a palliative care unit in one of the local hospitals, and in that palliative care unit at that particular time - this was a few years back - when an individual who was dying on the bed was still struggling to have that last cigarette. To me, that was clear evidence that it was time to give up smoking.

There are many citizens in our society who think that smoking doesn't have an effect on their health and some people live long lives without encountering some of those difficulties that come along with smoking, but they are very few and far between. I do think that although this piece of legislation is working towards recovering the damage to our health care costs, I think there also should be room to cause the government to implement legislation that if individuals are prepared for a cessation of smoking, or to quit smoking, that in fact the government cause the tobacco industry to provide a smoking cessation program and that it be paid for by the tobacco industry if, in fact, it can be identified that the tobacco industry is the result of that person needing to quit smoking, which obviously it would be.

The issue of second-hand smoke - I do recall approximately about a year and a half or two years ago, there was a lady in Winnipeg, I believe her name was Heather Crowe. I will say Ms. Crowe, who was a waitress in an Ottawa restaurant, whom in fact never smoked a cigarette in her life, encountered lung cancer as a result of workplace employment. That individual made an attempt to sue the tobacco industry, but was a lone individual and the cost was just simply too much. It was discovered that in fact this was a workplace illness and it was picked up by the Workers' Compensation Board. I would say to the Workers' Compensation Board in any province across this country that if, in fact, individuals are paid by taxpayers and corporations' dollars whose direct result of illness was because of tobacco-related industries, that they should take up the charge and move forward and create some legislation that will, in fact, cause the tobacco industry, if it can be proven, to compensate the individuals rather than have that money come out of the Workers' Compensation Board.

[Page 8345]

I'm not a lawyer. I don't profess to be a lawyer, but I do know that the legal language (Interruptions) Good point. At this particular point, I never want to be a lawyer. However, I would say that putting the legal minds together could certainly craft the same kind of legislation here that would cause the tobacco industry to rethink its commitment to a healthy and safe workplace and that it is obligated to fund individuals who, in fact, have lost their employment as a result of second-hand smoke. That's the kind of thing that we simply take for granted. Many of us have gone into pubs, parlours, belonged to entertainment - rather a dart organization, a pool organization, or whatever the case may be - and we walked into Legions and bingo halls. I have been in bingo halls where there was nothing but smoke. It was a matter of having to cut the air before you went in in order to find a place to sit down.

Those things, fortunately, have changed. People now have the opportunity to work in a healthy environment and I do know that that piece of legislation is coming forward, Mr. Speaker. I do know that we will be dealing with smoking legislation in the next few days, but I do want to say that the Minister of Justice, the Minister of Health, the Minister of Health Promotion, all who have worked in crafting this piece of legislation, Bill No. 222, should recognize that they have done a great thing, not only for the people of Nova Scotia, but in carrying the banner with British Columbia, the other province that I do know is tracking this. And hopefully other provinces will come onstream.

So, Mr. Speaker, with those short comments, I, like others, will in fact wait for this bill to leave this Legislative Assembly and go into the Red Room. Not seeing much debate on it, I think that this will be a speedy bill returned for approval by this Legislature and Royal Assent. With those few words, I appreciate having the opportunity to speak to this bill.

MR. SPEAKER: The honourable member for Cape Breton West.

[8:30 p.m.]

MR. RUSSELL MACKINNON: Mr. Speaker, I'll be brief because many of the points that I wanted to make have been made and I know there is a rule of repetition in the House. Many of the members who have spoken have made some excellent points. (Interruption) Speaking about repetition, we can hear some from down in Timberlea-Prospect.

Mr. Speaker, there are a couple of points that I wanted to raise with regard to Bill No. 222. First, I would like to acknowledge and congratulate the government for bringing this bill forward because it's a very positive and constructive piece of legislation for the people of Nova Scotia, but at the same time I'm a little perplexed as to why the federal government has not stepped up to the plate on this very issue.

[Page 8346]

I recall when a former Minister of Health, the Honourable Dave Dingwall, had made some rather significant gains in addressing the issue of smoking in Canada. He made some changes to the Canada Health Act through the government of the day, and he stood up for the large tobacco companies. I thought that was a very positive initiative for all Canadians, but yet the provinces seemed to be forced to take the leadership role on this particular issue. I'm a little disappointed because the federal government has deep pockets. It has the resources and the legal infrastructure and the ability to mount a rather forceful litigation against the international tobacco companies.

As you know, in my constituency we have the First Nations Community of Eskasoni, and I'm quite impressed with all the initiatives that have been undertaken by the chief and the local band council in addressing many of the alcohol and drug problems in Eskasoni. Yet, we as a government, in the Province of Nova Scotia, don't seem to be able to do anything with the fact that tobacco is being sold in the First Nations communities. Now there's a proposal, I understand, to open another venue in Membertou. That's good, to be able to see the First Nations communities become economically and socially self-sustaining. I think that's great. However, I'm somewhat amazed, with all the critics I see and hear on a daily basis that tobacco is so easily and readily available to people from the non-Native community who can go to the Native Reserves and buy tobacco, at a reduced rate. Yet they will be the same ones to go and partake in that particular exercise.

I think the federal government has a responsibility to stand up to the plate and help the First Nations communities and all the other communities across Canada in dealing with this issue. Not only in terms of supporting the provincial governments with this litigation, and this legislation will certainly provide and strengthen a legal framework to make that happen, but surely, if we're going to have a level playing field, whether it be in the fisheries, whether it be any type of economic or social development, then the federal government has to stand up to the plate. The provincial government does not have the legal authority, in many cases, to deal with these issues, and recently the First Nations community - I believe Chief Paul - has indicated that they don't have to listen to what the provincial government says on this particular issue. It may be a shame, but it's a realization of the two different scales on which we measure our economic and social independence.

I'm very proud of the fact that they've made some significant, significant strides here in Nova Scotia. I've seen it happen in other parts of Canada - northern Manitoba, British Columbia and so on - where the First Nations communities have really turned things around from what was once perceived - whether real or apparent, it was still a perception that was there for the longest time - of this social dependence. That is now being put to sleep because they have decided to take a leadership role.

So I think it's fair for the provincial government here to ask the federal government to step up to the plate. British Columbia's doing it, Nova Scotia's doing it, other provinces are doing it - where is the federal government? I think that's a fair question.

[Page 8347]

We know that smoking today is not as acceptable as it was 20, 30, 50, even 100 years ago. When Sir Walter Raleigh came to West Virginia bringing tobacco over - as I recall it was the first introduction, that was the big thing and all of a sudden it became an industry, became part of society and everybody accepted it. It was socially acceptable to go into an environment where perhaps upwards of 30 or 40 per cent of the people in the room were smoking, so you were the minority if you were a non-smoker. Even though in reality you were a majority, and you still had to accept that. Times have changed. They've changed on alcohol and driving; they've changed on many social issues.

When I was first elected to the House of Assembly here, you go into the washroom - while I can't speak for the ladies' washroom - in the men's washroom they had actual ashtrays in each of the stalls. For the men, they had ashtrays so they could go and carry their smoke with them. That's not acceptable anymore and I'm sure that's the same in many, many institutions.

I'm reading this particular annual report from Imperial Tobacco, the latest one that was just put out, updated 2004. I was particularly observant to their mission statement which says, "Our mission statement is to compete successfully for market share in any market we enter, by satisfying adult smoker preferences better than the competition. This will be done in a manner that is profitable, sustainable and creates value for the company." Then of course they outline all the taxes that they pay provincially and federally, and then they go on to show how they are being so socially responsible by supporting all the different activities, for example, in the Province of Nova Scotia.

Well, the total net contribution to all the different arts and culture and educational programs in the Province of Nova Scotia added up to $111,700 for the fiscal year of 2004. Compare that to the number of people or the cost to health care for one person suffering from lung cancer, for example, because of smoking. I don't at any point in time ever pretend to know all the cause and effect relationships or the actual details as to whether smoking causes cancer in certain individuals or not. My Dad smoked until he was 86 years old when he died - he didn't die of cancer. So some people it affects, some people it doesn't, but we have to weigh that all out.

There are some other points that have been made that I was going to make. I will certainly leave those in concurrence, I certainly agree that the government has done the right thing in bringing this forward. I will certainly be supporting it in going on to the Law Amendments Committee. Thank you.

MR. SPEAKER: The honourable member for Halifax Chebucto.

MR. HOWARD EPSTEIN: Along with I think every other member of this House I will be supporting the legislation. I do want to say that I'll be doing so reluctantly. I'll be doing this reluctantly, because I see the bill as being a weak step. It's not as aggressive as it

[Page 8348]

might have been. I think before I get into the details of that, we should step back and consider just how complex a problem it is that we're wrestling with and how difficult it has been for any jurisdiction in North America to come out with a coherent strategy to deal with the problems of smoking.

This bill, of course, focuses on what I think is an important, but in some respects also a narrow, aspect of the question. It's an important one because it focuses on the money side. It looks at it and it says how much do we as a society end up having to pay through our governments, through taxation, through dollars that people are obliged to pay to us to maintain the health care system due to injuries having to do with smoking. Now that's an important question and yet at the same time, as we're all aware, people can, and it's not illegal, grow tobacco and grow it commercially. People can sell tobacco and that's not illegal.

We know that we are about to move in the direction of a complete ban on smoking in public places. This is a very good thing, but of course we took a long time to get there and we did it by steps. What I'm saying is that there has been no comprehensive anti-tobacco strategy that looks to completely eradicate it. It may be that that's a necessary compromise. It may be that people are simply not willing to get rid of tobacco completely. I think that we have to face up to it that we have been moving only step by step and we're not moving comprehensively. Advertising is another part of it. Advertising is now, of course, essentially gone.

What worries me about this legislation is that I don't think that we will necessarily get any money out of it. If that's the objective, then we should try to do it in an effective way. I'm worried about it. The honourable Minister of Justice in second reading said, and I quote, "First of all, obviously it will hold the tobacco companies accountable for what they have done." Well you know what, that isn't quite true. The legislation doesn't hold the tobacco companies accountable for what they have done. What this legislation does, is it sets the stage for a lawsuit. I've practised law over the years and I am no fan of lawsuits. Entering upon a lawsuit is an extremely uncertain enterprise. Most lawyers will tell their clients that. It's risky and it's expensive and it's time consuming.

Now here's what this legislation says. It says that the government will consider taking a lawsuit against tobacco manufacturers and it will do it on the basis, if this ever goes ahead, of what are called tobacco-related wrongs. The bill also sets up a two-year time limit, but of course the two years don't start to run until the legislation is proclaimed. What the Minister of Justice has also told us is that after this legislation is passed, the government will set out to do research and to do research as the honourable Minister of Justice said, "toward advancing our case in the courts" and ultimately we do have to demonstrate our case in the court. Again I say, that's the problem. What we're doing here is we're saying we're going to step back, we're going to do the research that's a necessary preliminary to a lawsuit of extreme complexity. Then, presumably when the research is ready and the legal team is assembled, and the statisticians who are to be the expert witnesses are lined up, the

[Page 8349]

physicians are lined up and the people from the Department of Finance are lined up - then we'll go to court - well, the bill will be proclaimed and sometime we'll go to court and see what happens.

[8:45 p.m.]

Now, I believe the Minister of Justice also said that this is likely to take years, and he's quite correct. This process that we're being invited to embrace will take very many years and yet it's uncertain. Why do I say that? I say that for one reason, because of the definition of tobacco-related wrong. It relies on torts. What are torts? Torts are a mechanism devised in law to try to offer compensation, usually money, to people who have been injured in some way, non-contractually. What is the kind of tort we're thinking about here? It seems to me it must be one of two things. It must either be negligence, or it must be the intentional infliction of harm. But that's a threshold question. Is it intentional or was it negligent? As I remember my tort law, you can't go to court over both arising out of the same actions. You have to decide whether it's intentional or whether it was negligent. So right away I foresee the possibility of confusion in the courts and perhaps a fundamental misstep in the way we have conceived this legislation, unless we take away that distinction. We could do it in the legislation if we wished.

If I'm right in my recollection of how it is that this aspect of the tort system works, then I wouldn't want to see us after years of research and preparation for a court case, obliged to choose whether it's intentional or negligent. I wouldn't like to see us lose the case if we choose the wrong one. Suppose we decide, as a result of our research, that what the tobacco manufacturers did was deliberate? And there is lots of evidence from research and published sources and from internal documents that it was probably deliberate. But suppose the judge trying the matter, or judges on appeal decide it was more negligent than deliberate? Are we going to be out of court? I don't want us to be.

So I raise this question and I hope the honourable Minister of Justice will consult with his staff and think carefully about this particular point, but I have a more serious objection and the problem I have is with the whole idea of a lawsuit at all. Never mind the uncertainties. Never mind the time, although I'll get to that separately as another issue. Never mind the risk. Never mind the fact that it's going to tie down a great many people for many years, apparently. If we are convinced that tobacco manufacturers have done harm, whether negligently or deliberately, but certainly culpably, to our population and that that harm has resulted in a huge drain on the public purse, why are we thinking of suing them? Why don't we send them a bill? Why don't we find some legal way to simply say to them, you owe us $100 million, $200 million, $400 million, $1 billion, $2 billion, and find a way to essentially charge the manufacturers now. The only question should be, what's the quantum?

[Page 8350]

We might be prepared to discuss quantum with them, but why should we be saying let's roll the dice and go to court, let's have our lawyers go up against your lawyers, let's have our experts go up against your experts, let's take five or 10 years and sort this out? Why are we doing that? Is there some reason? Is it because we're hoping for punitive damages? Is it because we're wanting to go beyond the exact amount that can be calculated in some useful way? Are we hoping for punitive damages, as we've seen in some courts in jury trials in the United States where hundreds of millions and billions of dollars are sometimes awarded against large corporations when the juries find it particularly offensive?

I didn't hear the Minister of Justice say that, and I didn't understand that punitive damages was exactly what this bill was about. I don't think it is. I think this bill is essentially about compensating the public purse for something which has been an enormous expense. So if we're not looking for punitive damages, if we're not looking to try to persuade a jury somewhere that they ought to give some enormous sum well beyond the calculated amount, again I ask, what's the point of a lawsuit?

The issue should be how much money are we out of pocket? Can we calculate it more or less precisely, at least so that we in this Chamber, who ought to be the arbiters of this, are satisfied and, if that's the case, why don't we do that? So I don't understand why it is that there is a fashion spreading across the provinces in favour of lawsuits. I suppose I should apologize to my colleagues in the legal profession for saying this, because I'm saying I don't see why it is that we either have to retain a private law firm or hire six extra lawyers in the provincial Department of Justice to make this their life's work or their focus for the next five years and who knows how many years on appeals after that.

It might be interesting for them, they might enjoy it. They would certainly profit by it, but do we have to spend this money, should we spend this money, is this a useful thing to do? I don't believe it is. I think what we do is we say to the honourable Minister of Finance, please sit down with your officials, please sit down with the honourable Minister of Health, and give us a number. How far back are we going to go? I don't know, I don't think we've heard from the government just how far back they're going to go - since tobacco products were first sold by the manufacturers in Nova Scotia.

Well, if that's it, that's fine, so be it. Let them say, but they should be able to give us a number. If they can give us a number and demonstrate why they're at that number and explain how they get to those numbers, and if they seem satisfactory, we could be convinced. If we want to give the tobacco manufacturers an opportunity to dispute that number, let them come to the Law Amendments Committee. Let them talk to us in advance of the law amendments process. Let them come and say how much they think there has been injury in measurable dollars done to the public purse in Nova Scotia. Let them say their number, we can have our numbers, we can negotiate and we can see where we are, but why should we roll the dice and go for a lawsuit? This is beyond me.

[Page 8351]

I mentioned a minute ago the issue of time. Now, this worries me, because think about it. Suppose this legislation goes ahead. This legislation is passed. We do research, a couple of years go by, we proclaim the legislation, we go to court, two or three more years go by, there's a trial, and suppose we win. Then there's an appeal, it goes to the Court of Appeal and it goes maybe to the Supreme Court of Canada, a few more years go by, this is about a seven - maybe eight - or 10-year process, it's not inconceivable, and suppose we win? Suppose it goes all along the lines, and we win and we have a judgment. We have a judgment, it will be a piece of paper in which the courts say the tobacco manufacturers now owe the Government of Nova Scotia x-number of millions of dollars. Let's hope they're in the hundreds of millions of dollars, maybe in the billions. What are we going to do with that piece of paper? Seven years from now, what are we going to do with that piece of paper? Maybe 10 years from now.

How responsive to a judgment for hundreds of millions of dollars are the tobacco companies going to be five or 10 years from now? What are we going to execute upon? Are they just going to write us a cheque, do we think? Will they just cut us a cheque for our $0.5 billion, our $1 billion? What are we going to do? They don't have assets here in the province. We're going to take it somewhere, perhaps Virginia? Where are the manufacturing plants? Are we going to register that judgment in Virginia or some other state where they have manufacturing plants and then try to execute against those plants? Are we going to end up as the owners of a tobacco manufacturing plant in Virginia or some other state? Do we want that? Do we want to be the owners of a tobacco manufacturing plant somewhere in the United States or perhaps wherever they have them? Is this a good idea?

It's been suggested across the way that maybe there's a plant in Montreal. Indeed, I'm sure there are, but it doesn't matter if it's in Montreal and not in Virginia. What are we going to do with that plant? Indeed, five or 10 years from now, will those plants exist?

This does not seem to me like a good idea. At the best, this lawsuit and its success is predicated upon the assumption that the tobacco companies will continue to be in business 10 years from now and doing a healthy business. What kind of lawsuit is this? What kind of bill is this? Surely we can do better.

It's not clear to me that the tobacco companies - the ones we're dealing with here, the large ones that have traditionally marketed in Canada and the United States - are going to be able to continue to get revenues rolling in because of expanding markets in India and China. Let me tell you, in India and China where there is very heavy smoking, they have their own indigenous tobacco companies that are making huge amounts of tobacco on their own and there's no reason to think that there's going to be a huge amount of penetration of those markets by the Western manufacturing companies that will be the ones against whom we hope we have a judgment someday. Maybe.

[Page 8352]

What are we going to do with this piece of paper, the judgment that we finally get from the Supreme Court of Canada someday? I'm sorry to be asking these questions if they're tough questions, but we have to think about this. If there isn't a solid answer to these points, then we're engaging in something that looks like a charade.

I don't want it to be a charade. What I want is that, indeed, the tobacco manufacturers should be paying for the tobacco-related wrongs that they have undoubtedly engaged in. But I don't want this case to go before a jury. I don't want this case to go in front of a judge sitting without a jury. I don't want this case to go to court at all. I wonder if there is not some other way in which we can find the companies liable and simply say, here's how much you owe us. Pay us. That seems to be not only a safer way, not only a less expensive way, but it seems to me a much more financially secure way of going about enriching the public purse in Nova Scotia and offsetting the undoubtedly very large amounts of money that we've had to pay out unnecessarily over the years due to the malfeasance of those companies.

So, as I've said, I'm going to vote in favour of this legislation, but I'm going to vote in favour of it reluctantly because I would have thought that surely there is a much more effective alternative that can be thought of by the government. I invite them to turn their minds to this. I hope it is the case that we can find a better way of going about this. Thank you very much for the opportunity to speak to this bill.

[9:00 p.m.]

MR. SPEAKER: The honourable member for Dartmouth East.

MS. JOAN MASSEY: Mr. Speaker, I have to admit that originally this afternoon I was not going to speak on Bill No. 222, but after listening to other members here in the House, I feel I can't in good conscience not say what I truly am feeling sitting here. I can't in good conscience not make comments on this topic because we all know somebody - and we've heard personal stories today - who has died or has been affected by smoking, either themselves or by second-hand smoke, or in the future we will know people who will pass on due to this.

I do feel that listening here this evening, I've heard a lot of I suppose not debate, but more stories on why we all know cigarette smoking is not something we should be doing, yet a lot of us seem to still be continuing that practice. My biggest concern, I guess, is that even though we were taught in school and we were taught by our parents that this was something we shouldn't be doing, many of our friends took it up, and even today as we stand here some of the members in this House have children who are smoking now or will be smoking in the future, whether they're teenagers, preteens or adults. Unfortunately the trends in this province, and of course right across North America, are that people aren't stopping this habit. In fact there is a whole industry now built around trying to help people stop this, such as the patch and the gum and whatever, and although we seem to have thought that we have ended

[Page 8353]

the advertising in the sale of cigarettes, it hasn't because if you go to any movie theatre or rent a DVD at home, you will see some of the biggest stars today smoking on the screen.

So it is still there, and it is prevalent. People have a hard time quitting. There are still cigarettes being sold to minors in Nova Scotia. We are going to see legislation come through the House to stop the smoking in public restaurants and facilities, but unfortunately people will still be able to smoke at home, and they will still smoke at home with children in the same room, and in their cars with children in the car.

One of the previous speakers spoke about how much would these companies actually owe us, and how would we possibly ever get them to pay up. Because they have a whole new generation of people with money, with disposable income who are going to take up this habit. I don't know, when you talk to people, if anybody really knows what the true cost is to the health care system, and what people ask me and what I ask myself and what I do not know the answer to is what actually is the health care cost versus the income that this province actually takes in through sales, through the tax on cigarettes, and if we all know that cigarettes kill either first-hand or second-hand, how can we stand here and not feel hypocritical when we're still going to allow the sale of this product in our province, and in fact in Canada or anywhere else in the world?

So I have to say, I honestly do feel hypocritical standing here, even though I support the bill going through. There are a lot of things in life if you just stand and do nothing, nothing will happen. It's something, but I will repeat I do feel hypocritical. I have to say I feel hypocritical because we're still going to allow the sale of this product in our province. So I guess I'm going to support it going to the Committee on Law Amendments. We'll see what people have to say about it and I will end there, Mr. Speaker.

MR. SPEAKER: The honourable member for Victoria-The Lakes.

MR. GERALD SAMPSON: I'm pleased to rise and speak for a few moments on Bill No. 222. Being from Victoria-The Lakes, in a rural area, I see all too well the youth of the area engaging in smoking. I attended a funeral for a young 21-year-old member from my community this afternoon and couldn't help but notice afterwards that all these handsome young men and all these beautiful young ladies, everybody had a cigarette in their hand and smoking away to beat the band. I was thinking about this bill which is an Act to Recover Damages and Health-care Costs from Manufacturers of Tobacco.

If you stop to think recovering damages, if I go ahead and I damage something, I automatically create costs, then I'm held accountable and I must pay either a fine or be incarcerated in jail. Yet we have these companies selling supposedly tobacco, what about the numerous additives that go along to create the addiction. It's enabling legislation at best, it sets the stage for Nova Scotia to take legal action, costly legal action, long-time, long-term action that doesn't produce a definite result. I'm not a lawyer like the honourable member

[Page 8354]

for Halifax Chebucto when he spoke and he being a lawyer, I decided that I'd choose a more honourable profession and become a politician. Having said that, I have to compliment the member for Halifax Chebucto on his enlightened information on the courts and court costs and the problem of collecting money if any.

The press release said yesterday that it's all about holding the industry accountable for the sums of taxpayers' dollars spent to fight lung cancer and related illnesses. I wonder what about government accountability. Is the government going to spend all the money on the tobacco taxes they collect on cancer and related illnesses? I understand that last year the province collected $178 million in tobacco taxes yet there's items in that control strategy that aren't even being touched. The government hasn't evaluated the strategy in regards to components that are working and that are not working. When you do something you should know where you're going and how you're going to get there and what's the best route to follow. That's when you evaluate something, Mr. Speaker.

This is a policy or a problem, or probably a scourge on society that just didn't happen and come onto today's agenda. It's something that's been coming for a long time. We've been experiencing it, we know that health costs are going through the roof and that smoking is one of the major costs in the health care system and yet we wait until a proactive province like British Columbia takes the lead and this province follows. Smoking is a crisis, it reverts me right back to this government managing from crisis to crisis or should I say mismanagement from crisis to crisis.

We have district health authorities and other agencies that create non-smoking programs to try and help people break the habit only to have two or three months success, four or five months success, and then run out of funds to keep the program alive and well, and with that a lot of those people who were gaining a foothold against the addiction, slide back into it again. I talk to them on a daily basis in each and every community and they'll tell me, Gerald, I actually gave it up for six months, nine months, I almost got a year in and - guess what? - I'm back smoking again.

Mr. Speaker, this $178 million, I would really like to see it go toward illnesses created by tobacco. The minister says he's going to hold the tobacco companies accountable for their actions, and I already mentioned what about the government's accountability, but isn't there an accountability on the part of the smoker? What about their accountability? Then we get into what our learned lawyer friend was saying - is it a voluntary action or an involuntary action? Once you're hooked, once you're committed to smoking, once you're addicted, do you smoke because you want to smoke or do you smoke because you have to? As I said, I'm not a lawyer, but somebody in that learned profession would argue that it was an involuntary act because he was addicted; therefore it's not his fault, so you can't hold him or her accountable - another trip to the court, more time wasted, and money made for the learned profession and the courts, but nothing for the victim in this case.

[Page 8355]

Mr. Speaker, you've heard me mention about the additives. I go back to if I create damages and costs, then I pay a penalty. If I use certain tools, if I commit a crime and I wear a mask, I use a weapon, then these are additives, these are things that I'm adding to the crime. These companies are putting in chemicals beyond which some of us can't even comprehend. Is it tobacco that these people are smoking or is it drugs with some tobacco mixed? (Interruptions) As I hear some of our learned colleagues on the other side talking about rolling their own - there are some of us who didn't have that experience.

Mr. Speaker, when is our approach going to change and become proactive and focus on the youth before they begin to smoke? That's being proactive. There again what this government is doing is going from crisis to crisis, be reactive, wait until they begin to smoke, wait until they become addicted and then see what you can do about it. That's always putting the cart before the horse.

I think of last Christmas going down to an elementary school Christmas program that all the little kids were all tingling with Christmas excitement and getting up on stage and singing their songs to do their Christmas concert. I was in the parking lot at the school and a car pulled in, three adults in the car and three children. All the windows were rolled up because it's December, it's cold. All three adults were smoking like chimneys with the three children in the car. They opened the doors and you would swear the vehicle was on fire inside. The air was just blue when it was opened - absolutely disgusting.

So I don't know what we're going to have to do, but I think the only time that I find you get results in most cases is when you hit people in the pocketbook, and if somebody who does not smoke lives an active lifestyle and is a very low cost on the health care system, they receive the same treatment as somebody who is lethargic, obese, an excessive smoker, and is basically a terminal cost on the health care system. Both get the same kind of treatment when they go to the hospital, but the person who is there very, very minimal is paying a larger shot for the person who is abusing the system, and maybe there should be some kind of a surcharge if you're a smoker. Whereas health care pays 100 per cent of the cost for the person who is active and only obtains medical attention when it's necessary, compared to somebody who is continually there and continues to abuse themselves and costs the health care system money. That's just a thought. As I said, Mr. Speaker, a lot of times when you hit somebody in the pocketbook that's the only time that it hits home.

[9:15 p.m.]

Mr. Speaker, I would like to see the minister inform Nova Scotians of how they plan to spend the proceeds from the tobacco tax they receive. We literally hear stories of people who have cancer and lung related illnesses who spend their life savings to try and attain good health. Those people should be looked after and there seems to be a lot of funds that could help them along with that $178 million collected just in the last year.

[Page 8356]

Tell Nova Scotians, Mr. Speaker, how this government would spend the money. Instead of just grabbing it and putting it into general revenue. The black hole of general revenues. Gas tax, tobacco tax, fuel oil tax, and every other kind of tax, just drop it into the one pot. When you try to disseminate how much was collected from which, it's pretty hard to discern one from the other.

Mr. Speaker, I look forward to the bill going toward the Committee on Law Amendments and to see what the general public and all those involved would have to say, when this government informs all Nova Scotians how they plan to be accountable to them with the revenue that's generated as a result of this bill. I will be voting for this bill to go, to pass it through to the Committee on Law Amendments, and hopefully await a very positive result. Thank you very much.

MR. SPEAKER: The honourable member for Clare.

MR. WAYNE GAUDET: Thank you, Mr. Speaker. I am pleased to rise and say a few words on Bill No. 222 - an Act to Recover Damages and Health-care Costs from Manufacturers of Tobacco.

Mr. Speaker, as the minister said in his opening comments on this bill, this bill is all about holding the tobacco industry accountable. Everyone recognizes that our governments throughout Canada are spending millions and millions of dollars every year to treat people suffering from lung cancer and related illnesses. I'm sure if we only knew just how much governments are spending to help and treat people across Canada for smoking-related illnesses, I'm sure it would be a huge sum of money.

Mr. Speaker, everyone knows of someone losing their life to lung cancer or related illnesses every year in Nova Scotia. That trend continues every year as well. My family, like many other families throughout Nova Scotia, have lost loved ones due to smoking. Everyone knows that smoking is not good for your health, and I'm not here tonight to lecture you on the risks of smoking. However, the time is right for governments, and our government here in Nova Scotia as well, to hold the tobacco industry accountable. As it was stated, this piece of legislation is similar to one that has been introduced in British Columbia. This legislation in Nova Scotia is a beginning. There's a long haul. Our caucus is in support of this bill to go forward to the Committee on Law Amendments.

Mr. Speaker, I'm sure this bill will have very few people coming forward at the Committee on Law Amendments to speak against this bill. There could be lots of people coming forward to speak in favour of this bill. Having said that, I'm sure this bill will eventually go through Law Amendments and Committee of the Whole House and then third and final reading. Once this bill is finally passed by this Legislature, this bill will set the stage for Nova Scotia to take legal action against the tobacco industry, to recover health care costs associated with tobacco related illnesses.

[Page 8357]

In closing, I don't have a legal background but I hope when the minister closes on this bill, and I'm wondering and I'm sure many people are wondering, what's going to happen next once this bill passes third and final reading. It sets the stage for the government to take legal actions against tobacco companies. As the minister indicated in his opening comments on this bill and I quote, "The government will be doing research towards advancing our case in the courts." Mr. Speaker, maybe when the minister wraps up, he could inform the House on when the government is looking at advancing our case in the courts. I'm sure there's already been research done over this. I'm sure the Department of Health has some hard numbers of the actual cost that every year taxpayers' dollars are being spent to help treat smoking-related illnesses. I'm sure not just myself but many of my colleagues are also wondering when is the government looking at advancing our case forward in the courts. I'm sure lots of people, lots of Nova Scotians will be following this.

I'm sure it's going to be a long process. I'm not that naive thinking that it's going to be an easy court challenge. I'm sure the tobacco companies will be debating this in many courts throughout Canada. Finally, I'm sure, like I've said, this is going to be a long battle in the courts and I wish the minister, I wish the government all the best as they move forward. This is a small step but it definitely is the right step to take. With that, I will take my seat. Thank you.

MR. SPEAKER: If I recognize the honourable Government House Leader it will be to close the debate.

The honourable Government House Leader.

HON. RONALD RUSSELL: On behalf of the Minister of Justice, I move second reading of Bill No. 222. I can assure the honourable members opposite who have debated this bill that when the bill returns through this Chamber for Committee of the Whole House that the honourable minister will be pleased to answer whatever questions that they have.

MR. SPEAKER: The motion is for second reading of Bill No. 222. Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

Ordered that this bill be referred to the Committee on Law Amendments.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call Bill No. 225.

Bill No. 225 - Smoke-free Places Act.

[Page 8358]

MR. SPEAKER: The honourable Minister of Health Promotion.

HON. RODNEY MACDONALD: Thank you, Mr. Speaker. I will keep my words brief in light of the time this evening to ensure that there's opportunity for the other side to debate the issue.

Mr. Speaker, in my short words, I will say how pleased I am that we have moved forward with this legislation. I think this is certainly the right move that we have made a decision upon, and I certainly believe that the bill put forward is one of significance. I'm sure all sides of the House will agree that it was not a matter of if Nova Scotia would be going 100 per cent smoke free, but when. I am very pleased that we have decided that the "when" is now.

The fact, Mr. Speaker, that we have still many places in our province where you can still smoke in ventilated rooms was a decision that we made a few years ago which was perhaps the right decision for the time, but we certainly need to make the changes necessary that need to be made to move forward.

If you take a look back in 2001 when the tobacco strategy was put forward, it's safe to say that the Minister of Health at the time, my colleague who is now the Minister of Education, put forward a strategy which is already making a difference in the lives of Nova Scotians. Over 78,000 Nova Scotians have quit the habit of using tobacco since that time, going from 30 per cent of Nova Scotians to 20 per cent.

This legislation that has been put forward is legislation which is needed to continue taking that number in a downward spiral. It's needed because it's going to get at the very heart of some of the challenges we are still facing. Some of the challenges that we are facing is that 20- to 30-year-old age range when they're out at a bar in the evening, when they're out on a patio at a bar, which is included, I might add, in the legislation.

These types of steps are needed if we are going to get at the heart of the matter to have a healthier province in order to deal with some of those costs referred to during the previous speakers.

Mr. Speaker, if you take a look at the legislation - I know that we will be hearing a great deal about it - it really is a piece of legislation we will all be able to point to at the end of the day to say truly to Nova Scotians that we are making a difference in their daily lives. It's one of those pieces of legislation that, indeed, from a health perspective, we may not see all the savings overnight, but it's over the next 15, 20, 25 years that we'll truly see the difference from getting at those younger individuals.

[Page 8359]

With that, Mr. Speaker, again, I'm keeping my words brief this evening. I look forward to the comments of those across the floor and no doubt will have some comments later on.

MR. SPEAKER: The honourable member for Sackville-Cobequid.

MR. DAVID WILSON (Sackville-Cobequid): Mr. Speaker, it gives me pleasure to stand this evening to speak a few moments on Bill No. 225. I'll make a few comments and then give a few concerns that we have with this piece of legislation or the idea of this piece of legislation coming before us now.

This government has not been consistent with the message around the non-smoking places in this province. Roughly three years ago, the minister did mention that they had made a decision to enforce or bring changes to the smoke-free places in Nova Scotia that required many of the businesses, the bars and the private clubs in this province, to invest a lot of money putting in smoking rooms with their own ventilation system. The minister said perhaps it was the right decision at that time, which I think gives the mixed message to Nova Scotians about their commitment to smoke-free places in this province.

I do commend the minister for finally coming forward. Something we've been stating for many years now about a 100 per cent smoke-free environment, especially for Nova Scotians who are working in those particular businesses that tend to have had a higher number of individuals smoking in their establishments. So some of the concerns we do have is that business owners, small-business owners most of them, who are scattered throughout this province and small towns and communities have invested their own money into abiding by government laws and bills that we pass on the floor of this Legislature. One of them was to acquire in their business these smoking rooms with proper ventilation.

[9:30 p.m.]

I know many of the establishments in my community understood that this was a step that they needed to take. They want to abide by the rules and regulations and the laws in this province, especially around the safety of employees and patrons to their business, and they invested that money into putting these smoking rooms in place.

We're talking about small-business entrepreneurs and owners in this province. Most of them are from the communities that they have their business in or their establishment in. They employ Nova Scotians in their establishment, and are a great revenue generator for this province, when it comes to taxes, wages and other things that they do in those establishments to raise funds for government, for one, but to also give Nova Scotians a living.

These establishments, many of the bars and the private clubs in our community, play more of a role than most people think in the community than just being a place to go and get

[Page 8360]

a beer or a drink of wine. I know in my community, for example, Mr. Speaker, that I attend a lot of functions in these establishments that raise money for non-profit groups in the community, for health care, for physical activities, and for sports teams. I'm talking about a lot of the booster nights and fundraisers and auctions that many of these organizations couldn't exist without the support of the community. One of the places they do this is in these bars and private clubs and establishments in our communities.

So these entrepreneurs and business owners really give back a lot to the community. They try to abide by all the rules and regulations and the bills and the laws that come through and have been brought down by government, in order to hopefully have a good profitable and safe environment and establishment in the communities throughout this province.

One of the things that government should have done initially was explain to these owners and these bar entrepreneurs in the community was they had some intentions down the road of maybe changing it. As I said, these establishments, these owners and small-business owners have a small margin of profit, very small, Mr. Speaker. There is a lot of talk around what is involved and what kind of margin these small-business owners take home at the end of the day, and it is government that brings down a lot of the policies and regulations for them to follow.

You just have to take the numbers of VLTs that are in these establishments. There is controversy over what VLTs are in our province and the number of them throughout our communities. With the recent announcement that the numbers will go down, that's a loss of revenue for many of these business owners.

This new 100 per cent smoke-free policy in Bill No. 225, will be a loss of revenue for these small-business owners, because of the money invested in providing these smoke rooms with ventilation. It's not a cheap venture. These are very expensive pieces of ventilation systems that these owners went out and purchased. Many of them on their own. There has been some question around some of these larger industries or larger establishments having their smoking rooms paid for by no other than the tobacco companies. If you went around and asked many of the bar owners in Nova Scotia, it's probably a very few who had the opportunity or the ability to have their renovations to their establishment paid for by the tobacco industry. Many of these individuals, these small-business owners, use their own revenue to abide by a piece of legislation that this government brought forward. That's where the message is not consistent with what the Minister of Health Promotion stated today.

They should have enacted this many years ago so that these owners could understand that okay, we're going to follow the rules. We're going to follow the laws of this province and abide by these smoke-free regulations that we're going to see. Now it leaves them wondering what the next step is going to be. What else is government going to do to try to put increased costs on these small-business owners? They do have until December 1^st, 2006 but I'm sure it's

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not any benefit to them since they've already incurred the cost of putting these ventilation systems in, these smoking rooms in. There's another loss for these small-business owners.

Many of these small-business owners do want to abide by these regulations and the laws that govern the policies around this. The other concern we have with this piece of legislation is around the enforcement area. This is going to be downloaded onto our municipalities to enforce these bylaws or these smoke-free environments. I hear on a daily basis about the HRM, the municipality here in Halifax, not able to address the bylaw issues now. It's interesting to see or it would be interesting to hear from the minister to see if they've talked to the municipalities around this province about enforcing this 100 per cent smoke-free place piece of legislation. Is there going to be any additional resources allocated to these municipalities so that they can do the job for our government to enforce these bylaws? As I've said in the beginning, this is something that we as a party have endorsed for many years. I think it's a little bit unfair for this government to decide three years ago to take some steps in improving some of the air quality in our business and then roughly three years later say we're going to go the whole way and those owners that expended all that money putting in these smoking rooms are just out of luck.

With that, we do have a couple of concerns about the enforcement and what role the municipalities are going to play and potentially an added burden of cost to enforcing this piece of legislation. I know that the message from government needs to be consistent, especially when we're dealing with small-business owners like many of the owners of the bars and clubs around this province. They employ Nova Scotians and they are an important part of our community not only because it's an area where you can go and get a beer or a drink but they play an important role in the fundraising efforts of many of our groups and organizations in our communities. These are Nova Scotians who own these businesses and have roots here and they should be given full respect and the ability to perform what they want to do in a business world in this province without having to pay the penalties of governments changing their minds year after year on what the rules and policies are for these small-business owners.

I do support this piece of legislation. It's something we've been calling for for many years but you still have to be reminded that these small-time business owners are going to feel the effect of this piece of legislation.

MR. SPEAKER: The honourable member for Hants East.

MR. JOHN MACDONELL: I'm not sure if I'm going to take the exact line of my colleague who just sat down. I remember when the previous Act - the Act that we're amending - came through this House. I was here.

AN HON. MEMBER: You were here?

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MR. MACDONELL: Yes, I was here. I remember the lobby by the bars and restaurant association to that piece of legislation. Perhaps the government's response in that previous legislation may have been what they deemed to be a variety of stakeholders coming at them. I remember my own thoughts at that time were that the government wasn't going far enough, whether it be a future government, whether it be Liberal, New Democrat, or Progressive Conservative Government, but at some point down the road there was going to be a ban. There was going to be a ban. You didn't have to be a rocket scientist to figure out that was coming and that the public wanted it.

I remember the arguments actually put forward by the restaurant and bar association, and their comments were to this effect - stay out of our business, we know about running restaurants and bars, you don't, so don't interfere with what we're doing. My thoughts at that time were that it was the Medical Society that was really trying to tell politicians that you've got to do something about smoking in this province. I thought that it was their role to talk about health in this province. I didn't think it was restauranteurs who were supposed to talk about health. I thought it was the medical community that should talk about health. They took the view that, you know, the medical community doesn't know about running restaurants so let us do that and let's have smoking in those restaurants. The point that I couldn't accept, or I guess the direction they took that I couldn't believe is, why they weren't the ones who were asking for the ban.

I remember one presenter at the Law Amendments Committee tried to make the case that he was worried about his competitor. He wanted an equal or level playing field. He said, I don't want to lose business from my establishment because somebody else down the street builds a better box - in other words, if they have a better non-smoking section, or whatever, that they can spend $100,000 and I can only spend $30,000. I took the view, well, if there was a complete ban, neither one of you would have to spend money, and if somebody left your establishment it was because of your service or your product, and then they went to your competitor.

I think the thing that surprises me most about today is that the government came to this point this fast, and I applaud them. If the Government House Leader wants to stand and applaud me, yes, he could do that, I would accept it.

So I have to say that I'm surprised, but I'm impressed, that the government is going down this road. This is long overdue. I didn't expect to see this this soon in my career here, which is hard to know just how long that might be, but it's refreshing. I wish the government - and I agree with my colleague on this - had actually indicated in 2002 that they were going to go down this road so quickly or had gone down this road then, actually any of those small-business owners who spent money would have been able to not do that. I think they deserve that, but for their own actions, they were not willing to even entertain this. I think to a point they were authors of their own misfortune and could have really saved themselves some dollars by looking down the road, looking at the competitive environment in which they work,

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and I think that it would have been to their benefit to act accordingly. Maybe at some point the Minister of Health Promotion will let us know just what brought us here to this bill.

[9:45 p.m.]

This bill has effect on and after December 1, 2006, upon the Governor in Council so ordering or declaring by proclamation. This government has a somewhat dubious history of not proclaiming legislation - and I'm sure that's purely an oversight. I have to say I'm curious as to why the government felt they had to give this a year. The fact that they're willing to go down this road at all is important and impressive, but the message just became clouded by not being willing to have this legislation come into effect until December 2006.

Maybe at some point the minister will clarify how we got to this point, what brought him to this point and, if he felt it important enough to bring this legislation to the House, why he didn't feel it important enough to say December 1, 2005. It does beg the question of what's going to happen between now and then that the government felt it necessary to innoculate themselves a little bit with this legislation.

The explanatory note is actually quite helpful, I guess it does make sense. There are exceptions in this legislation in designated smoking rooms in health care facilities for the acute or long-term care veterans in licensed nursing homes and residential care facilities and in homes for aged and disabled persons. I guess if we were to take the view that these people are less able to leave their facility to go outside their homes - it's regarded as their home. I'm not sure if the Minister of Tourism and Culture is trying to do his impression of the member for Truro-Bible Hill, the Honourable James Muir, but I think I caught his message in that these people would refer to these facilities as their homes and as much as someone else was in their own home, that we wouldn't legislate that they couldn't smoke in their own home, so I'll thank the minister for that.

If there was an advantage to the previous legislation, it was that it paved the road a bit to this legislation. It generated the debate that brought us here. I'd be very interested to see, when we get to the Law Amendments Committee, what the reaction is from the stakeholders who may have some angst with this legislation.

I don't know if members would remember - I certainly hope those who were members in the House in 2002 would remember Heather Crowe when she came to the House of Assembly and sat in the gallery - I think she actually spoke to the Law Amendments Committee if I'm not mistaken, but I'm not sure. Anyway, for those who don't remember, Heather Crowe was the lady who was on those smoking commercials where she indicated she had worked in the restaurant business for 40 years, had never smoked a cigarette in her life, and was dying of lung cancer. I would not expect people who are in the restaurant business to be as knowledgeable on the effects of smoke or second-hand smoke as the medical

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community. This legislation, I guess encapsulates the tone or the message from the previous legislation.

I know that the issues we raised on the previous bill were around workplace safety, not just for the customers who went into these establishments or in any establishment, but for workers who might have to work under conditions where their health would be put at risk in these establishments. Even if you look at it in terms of workers' compensation legislation, then we believe that you don't put workers in harm's way. We have labour standards that indicate that safety is an issue and that we expect employers to follow that. If you're working on staging on a building then you have a safety harness to protect you, so why would we put workers in harm's way where we know we have the information that indicates that their health is going to be at risk? Would you allow anybody to put their health at risk and not have some mechanism to protect them? Although the previous bill did go some distance in that regard, this one, I think, goes further.

I'm not so knowledgeable on other jurisdictions, what other provinces have done. In 2002, I may have brushed up a little bit on what was going on across the country, but certainly if we're not at the forefront we can't be too far behind anybody, I would say, with legislation like this Act. I'm very pleased. I guess as most members would know I was a teacher for 15 years and I had a problem with smoking in schools - actually for the staff to be smoking in the staff room in a school. The reason why I had a problem with that is because we were educators and the information linking illness to cigarettes and cigarette smoke was well known. Anybody paying attention was certainly well aware that there was a link. I think years ago it was not so well made but certainly by recent times we were all well aware that the case had been made, that there was a direct cause and effect and that here we were allowing educators, in a place where we would educate young minds, to smoke in the staff room - something we knew was detrimental to their health.

Schools had a policy where there was actually a location where students could smoke at the senior high school level, which seems strange because you're not able to purchase them 18 and under. When I go by or attend the school that I used to teach at, which is Hants East Rural High School, the students are off the property or on the sidewalk not allowed to smoke on the school property, but yet there's still a large number of students. I was in there one day and I think there were probably 60 or 70 students who were smoking at a recess break or a lunch break or what have you and I couldn't believe that in the 21^st Century, we could still have that many young people picking up the habit of cigarettes. It seems to me that we're failing still in this regard that we have educational institutions, we are given the responsibility of setting an example and trying to have a safe place for our students, but yet we don't seem to have been able to implement, or write, or come to some way to prevent students from smoking at school.

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I was sitting in on the Law Amendments Committee a few moments ago listening to the bill that we refer to as the Mental Health Act and it occurred to me, as I was thinking about coming in to speak to this bill and the question of students smoking, that it almost seems that we have to have a clause in a bill that says that you can't smoke within a mile of a school or some certain distance of a school, which would mean that it would be impossible for students to leave the grounds and have a cigarette. The enforceability and trying to do this, I don't think it would break the school board's budget or the province's, but there definitely has to be more done to prevent young people from taking up cigarette smoking because this is the draw for the industry. If we could actually stop one generation from taking up the habit of cigarette smoking, we could stop smoking. Period. We could end this blight on society and it would seem that for all that we know and all that we can do, we can't stop that. We can't seem to step up to the plate and implement rules that would bring this to an end.

Now, either we haven't really turned our minds to a possible solution for this, but it would seem to me that we're in the people business and that our young people are the future. If we're actually going to do the best thing for them, the best thing to alleviate the health costs associated with cigarettes, that it's going to take a much stronger action in terms of how we deal with prevention for young people taking up this habit. That's still a large part that's not in this piece of legislation.

Mr. Speaker, with those comments I'll take my seat and I'll move adjournment.

MR. SPEAKER: The motion is to adjourn debate.

Is it agreed?

It is agreed.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, I move that the House do now rise to meet again on the morrow at the hour of 2:00 p.m. The House will sit from 2:00 p.m. until 6:00 p.m. The order of business following Question Period and the daily routine will be Public Bills for Second Reading, and we'll be continuing on with Bill No. 225, then followed by Bill No. 228 and Bill No. 230.

MR. SPEAKER: The motion is for the House to adjourn until 2:00 p.m. tomorrow.

Is it agreed?

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It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

[The motion is carried.]

MR. SPEAKER: The House is adjourned until 2:00 p.m. tomorrow.

[The House rose at 9:59 p.m.]

[Page 8367]

NOTICES OF MOTION UNDER RULE 32(3)

RESOLUTION NO. 4603

By: Hon. John Hamm (Premier)

I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas on September 20^th, the world lost a man of great conscience who dedicated his long life to fighting for justice for the victims of the Holocaust - 89 of those lost being his own family members; and

Whereas Simon Wiesenthal, who died peacefully at his home in Vienna last month, was so moved by the 6 million victims of the Holocaust that he helped track down Nazi war criminals, including SS leader Adolf Eichmann and the police officer who arrested Dutch teenager Anne Frank, and acted as a voice for those who died; and

Whereas a survivor of 12 Nazi camps himself, he spent more than 50 years working first with the Americans, then from his own apartment in Vienna to pursue fugitive war criminals, citing once that he wanted people to know the Nazis weren't able to kill millions of people and get away with it;

Therefore be it resolved that all members of this Legislature remember, in this, the 60^th Anniversary of the liberation of Auschwitz, a human being of such immense personal conviction and purpose who spent his life reminding us of the senseless losses and ensured that so many of the perpetrators of those horrors were held accountable for their actions.

RESOLUTION NO. 4604

By: Mr. Stephen McNeil (Annapolis)

I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the name Sidney Crosby is quickly becoming a household name for hockey and sports fans alike; and

Whereas Sidney's exceptional talent and Nova Scotia roots add his name to a list of our home-grown heroes; and

[Page 8368]

Whereas Sidney has shown the world he has earned his place among the NHL greats,

conducting himself professionally and with dignity both on and off the ice;

Therefore be it resolved that all members of this House congratulate Sidney Crosby on the latest chapter in his career, and wish him the best of luck this season and for years to come.

RESOLUTION NO. 4605

By: Mr. William Estabrooks (Timberlea-Prospect)

I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas when a most memorable student of an old teacher reaches an important milestone it becomes a noteworthy event; and

Whereas Cindy Harrie's youthful enthusiasm and great smile leave a lasting impression with everyone she meets; and

Whereas Cindy's birthday celebration on Saturday, October 22, 2005, hosted by her husband Lester, makes an old teacher feel even older;

Therefore be it resolved that the Nova Scotia Legislature congratulate Cindy Harrie on her 50^th birthday with best wishes for many more celebrations in her future.

RESOLUTION NO. 4606

By: Mr. Leo Glavine (Kings West)

I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Carl Best is recognized as one of the best softball pitchers in the Annapolis Valley, winning the Nova Scotia Championship in 1956 and the Nova Scotia-Prince Edward Island Championship; and

Whereas the achievements of Carl have contributed to the health of sports in his community; and

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Whereas the Town of Berwick has honoured Carl by inducting him into their Sports Hall of Fame;

Therefore be it resolved that members of this House acknowledge and congratulate Carl Best for his outstanding athletic ability, and recognize the contributions he has made to his community.