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/
| TABLE OF CONTENTS | PAGE | ||||
| GOVERNMENT NOTICES OF MOTION: | |||||
| Res. 453, Police Wk. (05/14-05/20/06) - Recognize, Hon. M. Scott | 586 | ||||
| Vote - Affirmative | 586 | ||||
| Res. 454, Environ. & Lbr. - Waste Reduction: Region 6 - | |||||
| Recognize, Hon. C. Bolivar-Getson | 586 | ||||
| Vote - Affirmative | 587 | ||||
| INTRODUCTION OF BILLS: | |||||
| No. 115, Unsafe Products Act, Ms. Maureen MacDonald | 587 | ||||
| No. 116, Workers' Compensation Act, Mr. R. MacKinnon | 587 | ||||
| No. 117, Environment Act, Ms. J. Massey | 587 | ||||
| No. 118, Municipal Government Act, Ms. M. Raymond | 587 | ||||
| NOTICES OF MOTION: | |||||
| Res. 455, Propeller Beer/Allen, John - Best Wishes, Ms. M. MacDonald | 588 | ||||
| Vote - Affirmative | 588 | ||||
| Res. 456, Nat'l. CF Awareness Mo. (05/06) - Recognize, Mr. H. Theriault | 589 | ||||
| Vote - Affirmative | 589 | ||||
| Res. 457, Parkview Educ. Ctr.: Wrestling Teams - Medals, | |||||
| Hon. C. Bolivar-Getson | 589 | ||||
| Vote - Affirmative | 590 | ||||
| Res. 458, Boyd, Luke - Rap/Hip-Hop Accomplishments, | |||||
| Mr. J. MacDonell | 590 | ||||
| Vote - Affirmative | 591 | ||||
| Res. 459, Nat'l. Huntington Disease Awareness Mo. (05/06) - Recognize, | |||||
| Mr. Gerald Sampson | 591 | ||||
| Vote - Affirmative | 591 | ||||
| Res. 460, Bridgewater Elem. Sch.: Mr. Comeau's Gr. 5 Class - | |||||
| Discovery Ctr. Comp., Hon. C. Bolivar-Getson | 592 | ||||
| Vote - Affirmative | 592 | ||||
| Res. 461, C.B. West - Econ./Soc. Dev.: Contributors - Congrats., | |||||
| Mr. R. MacKinnon | 592 | ||||
| Vote - Affirmative | 593 | ||||
| Res. 462, Lounder, Una - Can. Games Grants, Ms. M. More | 593 | ||||
| Vote - Affirmative | 594 | ||||
| Res. 463, Gov't. (N.S.) - Domestic Violence Elimination: Legislation - | |||||
| Introduce, Ms. D. Whalen | 594 | ||||
| Res. 464, Wilber, Chris - Crime Stoppers Vol. of Yr., Mr. J. MacDonell | 595 | ||||
| Vote - Affirmative | 595 | ||||
| Res. 465, Int'l. Nurses Day (05/12/06) - Recognize, Mr. S. McNeil | 595 | ||||
| Vote - Affirmative | 596 | ||||
| Res. 466, Price, Anita - Dart. Heritage Museum: Serv. - Thank, | |||||
| Ms. M. More | 596 | ||||
| Vote - Affirmative | 597 | ||||
| Res. 467, Nat'l. Hearing Awareness Mo. (05/06): Awareness - | |||||
| Expand, Mr. W. Gaudet | 597 | ||||
| Vote - Affirmative | 597 | ||||
| Res. 468, Nat'l. Asthma Awareness Mo. (05/06) - Recognize, | |||||
| Mr. Gerald Sampson | 598 | ||||
| Vote - Affirmative | 598 | ||||
| Res. 469, Gov't. (N.S.): Motorcycle Noise Problem - Address, | |||||
| Ms. D. Whalen | 598 | ||||
| Res. 470, Respect for the Law Wk. (05/01-05/07/06) - Recognize, | |||||
| Mr. Michel Samson | 599 | ||||
| Vote - Affirmative | 600 | ||||
| Res. 471, Can. Health Day (05/12/06) - Recognize, Mr. W. Gaudet | 600 | ||||
| Vote - Affirmative | 600 | ||||
| Res. 472, Nat'l. Police Wk. (05/14-05/20/06), Mr. Michel Samson | 601 | ||||
| Vote - Affirmative | 601 | ||||
| GOVERNMENT BUSINESS: | |||||
| PUBLIC BILLS FOR SECOND READING: | |||||
| No. 4, Safer Communities and Neighbourhoods Act | 602 | ||||
| Mr. K. Deveaux | 602 | ||||
| Mr. Michel Samson | 603 | ||||
| Mr. J. Pye | 603 | ||||
| Mr. W. Estabrooks | 608 | ||||
| Ms. J. Massey | 611 | ||||
| Mr. J. MacDonell | 613 | ||||
| Mr. G. Steele | 615 | ||||
| Hon. M. Scott | 618 | ||||
| Vote - Affirmative | 609 | ||||
| No. 7, Police and Peace Officers' Memorial Day Act | 619 | ||||
| Hon. M. Scott | 619 | ||||
| Mr. K. Deveaux | 620 | ||||
| Mr. W. Gaudet | 621 | ||||
| Mr. David Wilson (Sackville-Cobequid) | 621 | ||||
| Hon. M. Scott | 622 | ||||
| Vote - Affirmative | 622 | ||||
| No. 10, Criminal Notoriety Act | 622 | ||||
| Hon. M. Scott | 622 | ||||
| Mr. K. Deveaux | 623 | ||||
| Ms. D. Whalen | 623 | ||||
| Hon. M. Scott | 623 | ||||
| Vote - Affirmative | 624 | ||||
| No. 16, Personal Information International Disclosure Protection Act | 624 | ||||
| Hon. M. Scott | 624 | ||||
| Mr. K. Deveaux | 625 | ||||
| Mr. W. Gaudet | 626 | ||||
| Hon. M. Scott | 626 | ||||
| Vote - Affirmative | 627 | ||||
| No. 19, Wills Act | 627 | ||||
| Hon. M. Scott | 627 | ||||
| Mr. K. Deveaux | 628 | ||||
| Ms. D. Whalen | 628 | ||||
| Hon. M. Scott | 629 | ||||
| Vote - Affirmative | 629 | ||||
| ADJOURNMENT, House rose to meet again on Mon., May 15th at 4:00 p.m. | 630 | ||||
| NOTICES OF MOTION UNDER RULE 32(3): | |||||
| Res. 473, MacAskill's Rest./Johnston, Alan - Anniv. (20th), | |||||
| Ms. M. More | 631 | ||||
| Res. 474, McCleave, Julia - Canon Research Scholarship, | |||||
| Hon. J. Muir | 631 | ||||
| Res. 475, Cobequid Educ. Ctr.: Cougars Boys Volleyball - | |||||
| Championship, Hon. J. Muir | 632 | ||||
| Res. 476, Doyle Rink - Truro Sport Heritage Soc. Award, | |||||
| Hon. J. Muir | 632 | ||||
| Res. 477, Ferguson, Dr. Linda - Truro Sport Heritage Soc. Award, | |||||
| Hon. J. Muir | 633 | ||||
| Res. 478, Powell, Larry - Newspaper Awards, Mr. S. McNeil | 633 | ||||
| Res. 479, Desmond, Linda - Kingston Vol. of Yr., Mr. L. Glavine | 634 | ||||
| Res. 480, Nickerson, Ryan - Bridgewater Minor Hockey Award, | |||||
| Hon. C. Bolivar-Getson | 634 | ||||
| Res. 481, Kelly, Gavin - Bridgewater Minor Hockey Award, | |||||
| Hon. C. Bolivar-Getson | 635 | ||||
| Res. 482, Wentzell, Brian - Bridgewater Minor Hockey Award, | |||||
| Hon. C. Bolivar-Getson | 635 | ||||
| Res. 483, Moore, Chris - Bridgewater Minor Hockey Award, | |||||
| Hon. C. Bolivar-Getson | 636 | ||||
| Res. 484, Getson, Donette/Grace, Tina - Bridgewater Minor Hockey Award, | |||||
| Hon. C. Bolivar-Getson | 636 | ||||
| Res. 485, Trask, Matt & Michelle: Yar. Boys & Girls Club - Donation, | |||||
| Mr. H. Theriault | 637 | ||||
| Res. 486, Poole, Donald - Commun. Contribution, Ms. D. Whalen | 637 | ||||
| Res. 487, Jeffrey Andrew - Commun. Contribution, Ms. D. Whalen | 638 | ||||
| Res. 488, Evans, Jack - Commun. Contribution, Ms. D. Whalen | 638 | ||||
| Res. 489, Yar. Sports Hall of Fame: Inductees - Congrats., | |||||
| Mr. W. Gaudet | 639 | ||||
HALIFAX, FRIDAY, MAY 12, 2006
Fifty-ninth General Assembly
Second Session
9:00 A.M.
SPEAKER
Hon. Cecil Clarke
DEPUTY SPEAKERS
Mr. James DeWolfe, Mr. Charles Parker, Mr. Keith Colwell
MR. SPEAKER: Order, please.
The honourable Minister of Energy.
HON. WILLIAM DOOKS: Mr. Speaker, I'm pleased to introduce to the House today two members of the Department of Energy, two people who work particularly hard. In your gallery, I have Diane Bernard, who is the minister's assistant and secretary, and also Lisa Rafuse, who is the deputy minister's secretary. I would ask them to rise and receive the warm welcome of the House. (Applause)
MR. SPEAKER: We extend a warm welcome to our visitors in the gallery today, and all visitors to the House of Assembly.
We will now commence with the daily routine.
PRESENTING AND READING PETITIONS
PRESENTING REPORTS OF COMMITTEES
TABLING REPORTS, REGULATIONS AND OTHER PAPERS
STATEMENTS BY MINISTERS
GOVERNMENT NOTICES OF MOTION
MR. SPEAKER: The honourable Minister of Justice.
RESOLUTION NO. 453
HON. MURRAY SCOTT: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas next week, May 14th to 20th, is Police Week in Nova Scotia; and
Whereas Police Week is dedicated to increasing community awareness and recognition of policing services, while strengthening police and community ties; and
Whereas Police Week is an ideal time to honour police officers for the public safety and security they provide to their communities;
Therefore be it resolved that this House recognize the valued work of our police, and encourage all Nova Scotians to offer their continued support to police officers in our province.
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 Environment and Labour.
RESOLUTION NO. 454
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 waste reduction is a crucial component in our efforts to improve our environment; and
Whereas successful reduction programs require the co-operation and participation of the residential and business sectors, as well as municipal and provincial governments; and
Whereas residents of Region 6 have been named the best in Canada for sending the least amount of garbage to their landfill;
Therefore be it resolved that residents of Region 6 be recognized and congratulated by this House for their very successful waste management efforts - Region 6 consists of the Municipality of the District of Lunenburg, Districts of Chester, West Hants, Queens, and Shelburne and the Towns of Shelburne, Lockeport, Bridgewater, Lunenburg, Mahone Bay, and Windsor.
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
Bill No. 115 - Entitled an Act to Regulate the Use of Unsafe Products in Public Places in Nova Scotia. (Ms. Maureen MacDonald)
Bill No. 116 - Entitled an Act to Amend Chapter 10 of the Acts of 1994-95. The Workers' Compensation Act. (Mr. Russell MacKinnon)
Bill No. 117 - Entitled an Act to Amend Chapter 1 of the Acts of 1994-95. The Environment Act. (Ms. Joan Massey)
Bill No. 118 - Entitled an Act to Amend Chapter 18 of the Acts of 1998. The Municipal Government Act. (Ms. Michele Raymond)
MR. SPEAKER: Ordered that these bills be read a second time on a future day.
NOTICES OF MOTION
MR. SPEAKER: The honourable member for Halifax Needham.
RESOLUTION NO. 455
MS. MAUREEN MACDONALD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Propeller Brewing Company has been brewing fine craft ales for almost a decade; and
Whereas in addition to brewing fine ales and non-alcoholic sodas, Propeller Beer is an active supporter of many organizations in the north end of Halifax such as the Mulgrave Park Tenants Association, Eye Level Gallery, and Zuppa Circus; and
Whereas Propeller Beer has located their production and retail shop on Gottingen Street, a welcome addition to the area;
Therefore be it resolved that members of the Nova Scotia Legislature extend best wishes to the Propeller Brewing Company owner, John Allen, and his staff as they continue to grow and gain local as well as international recognition for their excellent products.
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.
[9:15 a.m.]
The honourable member for Digby-Annapolis.
MR. HAROLD THERIAULT: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas cystic fibrosis is the most common fatal genetic disease affecting young Canadians - t affects mainly the lungs and the digestive system, and people with cystic fibrosis must consume on average 20 pills a day, with every meal and snack, to help them absorb adequate nutrition from their food; and
Whereas approximately 3,400 children, adolescents and adults with cystic fibrosis attend specialized CF clinics across Canada; and
Whereas the Canadian Cystic Fibrosis Foundation is a Canada-wide health charity with more than 50 volunteer chapters which fund cystic fibrosis research and care;
Therefore be it resolved that the members of this House of Assembly recognize May as National Cystic Fibrosis Awareness Month and acknowledge the dedicated work by the Canadian Cystic Fibrosis Foundation.
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 Environment and Labour.
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 students who participate in school sports learn life skills in addition to sports skills; and
Whereas Parkview Education Centre in Bridgewater sponsors wrestling teams coached by teacher Norm McNaught; and
Whereas team members have excelled in their chosen sport;
Therefore be it resolved that this House congratulate Tommy Conrad and Kevin Corkum for their provincial gold medal victories, and female wrestlers, Lindsey Croft, Katie Hall, Emma Dimmell and Vanessa Hebb for their provincial silver medal wins.
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.
MR. JOHN MACDONELL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas musical expression provides great opportunities for our many talented young people throughout our province; and
Whereas Luke Boyd, a.k.a. Classified, recently won at a recent East Coast Music Awards for rap/hip-hop, single track recording of the year; and
Whereas Classified, who hails from Enfield, was also nominated for a Juno;
Therefore be it resolved that this House of Assembly congratulate Luke Boyd on his notable accomplishments in the high-powered world of rap/hip-hop, and wish him continued success.
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 Victoria-The Lakes.
MR. GERALD SAMPSON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Huntington's Disease, HD, is an incurable and hereditary brain disorder with devastating effects on both mind and body; and
Whereas one in every 10,000 Canadians has Huntington's Disease and every child of a person with HD has a 50 per cent risk of inheriting the disease; and
Whereas one in every 1,000 Canadians is touched by HD, as an affected individual, person at risk, friend, family member or caregiver;
Therefore be it resolved that members of this House of Assembly recognize May as National Huntington's Disease Awareness Month and support the Huntington Society of Canada as it provides support to those with Huntington's Disease and strives to provide hope for 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 Minister of Environment and Labour.
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 French immersion classes provide opportunities for students to enhance their first language or to master a new language; and
Whereas creative teaching and learning techniques are critical to student success; and
Whereas Mr. Gaston Comeau's Grade 5 class at Bridgewater Elementary School recently won the Discovery Centre's provincial science films competition;
Therefore be it resolved that Mr. Comeau and all his Grade 5 French immersion students receive congratulations and best wishes from all members of this House.
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. 461
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 West is a mosaic of 33 large and small communities within rural Nova Scotia, of which 80 per cent are rural in nature with the remaining 20 per cent suburban in nature; and
Whereas economic and social development within rural Nova Scotia is essential to our province; and
Whereas since July 2003, the provincial government has invested more than $21 million within the communities of Cape Breton West;
Therefore be it resolved that all members of the House of Assembly acknowledge and congratulate the contribution by policy makers and community leaders and, indeed, the citizens of Cape Breton West for a job well done.
Mr. Speaker, I would ask for 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. 462
MS. MARILYN MORE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Una Lounder of Dartmouth was awarded a 2006 Canada Games Fast Track Athlete grant, one of only two provided to Nova Scotians, to further her training in kayak racing; and
Whereas this highly competitive selection recognizes strong performance and future championship expectations; and
Whereas this recent Dartmouth High graduate kayaks with the MicMac Amateur Aquatic Club on Lake Banook;
Therefore be it resolved that the Nova Scotia House of Assembly congratulate Una Lounder, her family and the staff, volunteers and members of the MicMac Amateur Aquatic Club for this outstanding recognition by the Canada Games Council and the Foundation for Athletes and Sport Training and wish Una much success in her athletic career.
Mr. Speaker, I would ask for 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. 463
MS. DIANA WHALEN: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas according to the Nova Scotia Advisory Council on the Status of Women, 74 women, including two infants, have been murdered or died violently in Nova Scotia since 1989; and
Whereas the government has a role to play in the coordination of information and in raising awareness on women's issues, particularly violence against women; and
Whereas as long as women continue to be abused and murdered at the hands of their partner, the government has a responsibility to ensure the proper policies and supports are in place;
Therefore be it resolved that members of the House of Assembly acknowledge this Progressive Conservative Government has not done enough to protect women and should act decisively to introduce legislation and programs to eliminate domestic violence.
Mr. Speaker, I would ask for waiver of notice.
MR. SPEAKER: There has been a request for waiver.
Is it agreed?
I hear several Noes.
The notice is tabled.
The honourable member for Hants East.
RESOLUTION NO. 464
MR. JOHN MACDONELL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas a sense of security from crime is vital to a healthy community; and
Whereas Crime Stoppers is an important organization staffed by volunteers fighting community crime; and
Whereas Chris Wilber of Elmsdale has been named as the Nova Scotia Crime Stoppers Association's Volunteer of the Year;
Therefore be it resolved that this House of Assembly congratulate Chris Wilber for her valuable contribution and thank her for her outstanding efforts to make her community more secure.
Mr. Speaker, I would ask for 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 Annapolis.
RESOLUTION NO. 465
MR. STEPHEN MCNEIL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas nurses play a vital role in promoting the health and wellness of Canadians; and
Whereas International Nurses Day is celebrated around the world every May 12th; and
Whereas the International Nurses Day theme for 2006 is Safe Staffing Saves Lives;
Therefore be it resolved that the members of the House of Assembly recognize today as International Nurses Day and recognize nurses in Nova Scotia for the role they play in the health care system.
Mr. Speaker, I would ask for 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. 466
MS. MARILYN MORE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Anita Price served the Dartmouth Heritage Museum for over 15 years as museum manager and curator with professionalism, grace and good humour; and
Whereas Anita helped lead the museum through significant change, including the growth of its collection to 40,000 artifacts, and expansion of its archives; and
Whereas Anita provided leadership during its many challenges around funding, relocation and downsizing;
Therefore be it resolved that the Nova Scotia House of Assembly thank Anita Price for her invaluable service to the Dartmouth Heritage Museum and citizens of this province and wish her the very best in her new position with Parks Canada.
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.
MR. WAYNE GAUDET: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas May has been designated National Hearing Awareness Month, a time to acknowledge the difficulties faced by those with hearing impairment; and
Whereas during this month, thousands of professionals involved with the treatment of speech, language and hearing disorders come together to participate in a public awareness campaign that encourages early detection and prevention of communication disorders; and
Whereas the Canadian Association of Speech-Language Pathologists and Audiologists and its 4,500 members will be hard at work raising public awareness concerning their professions and the many issues surrounding speech, language and hearing disorders;
Therefore be it resolved that the members of the House of Assembly help to expand awareness for this campaign in the hopes of easing the challenges faced by those with hearing problems and acknowledge the hard work by hearing aid professionals.
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 Victoria-The Lakes.
MR. GERALD SAMPSON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas asthma is a serious, debilitating disease, especially for children, and is on the rise in Canada; and
Whereas the month of May has been declared National Asthma Awareness Month in the hopes of bringing more attention to this affliction, which causes the death of more than 500 Canadians every year; and
Whereas indoor allergies and allergen avoidance is the theme of 2006, reminding us that indoor environment is an important aspect of both allergies and asthma;
Therefore be it resolved that members of this House of Assembly recognize the efforts made by the Canadian Lung Association and the many health care practitioners who help those who suffer from asthma.
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.
MS. DIANA WHALEN: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas May is Motorcycle Awareness Month in Nova Scotia and 10,000 motorcycle users are getting their vehicles back on the road; and
Whereas the noise emitted by these vehicles is sometimes excessive and offensive and a single unmuffled motorcycle can cause thousands of people to stress in their homes and on the streets as it bombards other motorists and pedestrians alike; and
Whereas there is a need to control the noise caused by motorcycles and the first step is to establish acceptable decibel levels and to adopt a proper method for police to use in measuring noise emissions;
Therefore be it resolved that the members of this House agree that the time has come for the government to address this noise problem, which is disturbing the peace of citizens in our cities, towns and countryside.
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 Leader in the House for the Liberal Party.
MR. MICHEL SAMSON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Respect for Law Week promotes respect for the law and for law enforcement authorities amongst young people; and
Whereas law enforcement officials from all over Nova Scotia dedicate their lives to ensuring our lives are safe; and
Whereas respect for the law, law enforcement authorities and lawmakers is taught through open communication found in the dedication of a week such as this;
Therefore be it resolved that members of the House of Assembly recognize May 1st to May 7th as Respect for Law Week and help promote respect in our own constituencies.
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.
MR. WAYNE GAUDET: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Canada Health Day is dedicated to recognizing exciting new developments occurring in public health and public health care fields; and
Whereas Canada Health Day is a time of reflection on past health accomplishments, a time of appreciation for the people who deliver health services, and a time to consider future health needs and health system capacity; and
Whereas on May 12th hundreds of health facilities and agencies, community health organizations and public health units will join together in celebrating Canada Health Day;
Therefore be it resolved that members of the House of Assembly recognize Canada Health Day and the opportunity to celebrate public health in our everyday lives.
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 in the House of the Liberal Party.
[9:30 a.m.]
MR. MICHEL SAMSON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Canadian Police Week is dedicated to increasing community awareness and recognition of policing services while strengthening police-community ties; and
Whereas Police Week also encourages community involvement, an initiation of activities through media awareness and community-sponsored events; and
Whereas National Police Week 2006 is May 14th to May 20th;
Therefore be it resolved that members of the House of Assembly recognize this week as National Police Week and support police in this province in reinforcing ties with the community and promoting the work police do in their communities.
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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
MR. SPEAKER: The honourable Government House Leader.
HON. RONALD RUSSELL: Mr. Speaker, would you please the order of business, Public Bills for Second Reading.
PUBLIC BILLS FOR SECOND READING
MR. SPEAKER: The honourable Government House Leader.
HON. RONALD RUSSELL: Mr. Speaker, would you please call Bill No. 4.
Bill No. 4 - Safer Communities and Neighbourhoods Act.
MR. SPEAKER: The honourable member for Cole Harbour-Eastern Passage.
MR. KEVIN DEVEAUX: Mr. Speaker, I'm glad to carry on the debate with regard to Bill No. 4, a bill to photocopy an NDP bill. There are other members of my caucus who want a chance to speak as well, so I'm not going to speak much longer. I know the Justice Critic for the Liberal Party, as well, has a few words to say.
Since I last spoke on this one, I had a chance to speak to one of my colleagues about a particular issue, which I think is an important issue, which in certain communities in this province there are people who have a sense that when they do raise concerns in their community, that the police, for whatever reason, maybe aren't responding appropriately or are not able to quickly and expeditiously deal with an issue, and that there may be a very important need for a provincial investigation unit.
I guess I want to clarify where I was last time on this bill, and that is, clearly, that when we're talking about the kind of work that would be done to shut down buildings, shut down the use of properties in this province under this bill, Mr. Speaker, it's important that there be that coordination, that this should not become another layer of bureaucracy that we're creating with a provincial investigative unit. There needs to be, not only coordination, harmonization, there needs to be clear understanding of who the lead organization will be.
I appreciate the concerns of residents with regard to the work of the police. I would argue, frankly, that that means that we need to build police forces in our communities that are community based, that are able to do this job, and that it should not be one in which we create another police force to do it. On top of that, Mr. Speaker, I think it's also vital, very important, that community policing be the basis of this. Having an investigative unit based out of Halifax is, in fact, the antithesis of having community-based policing, whether it's a neighbourhood in Stellarton or in Amherst or in Sackville or in Whitney Pier, there are needs for us to ensure that these communities are safe.
Mr. Speaker, I'm glad this bill is being brought forward. I'm hopeful it will go to the Law Amendments Committee and be passed. I think all of us are also realistic as to where this bill might end up. I do hope that if it does not get passed in this session that we have a government that is still committed, and I know in our case, in the NDP's case, we are committed to passing this legislation after the next election and will continue to fight for what we think is one of the tools that's required. As I've said all along, you have
to be tough on crime, you have to be tough on the causes of crime. This bill is not a panacea, but it will go a long way to giving communities the power to have more authority in their community to ensure their communities are safer. I hope we have an opportunity not only to pass this bill, but to make sure that we can give those communities that tool. (Applause)
MR. SPEAKER: The honourable Leader in the House of the Liberal Party.
MR. MICHEL SAMSON: Mr. Speaker, on Bill No. 4, Safer Communities and Neighbourhoods Act, I think it's clear that all three caucuses have indicated their support for this legislation. In fact, I remember when they were first brought out that we, too, had draft legislation very similar to that found in the western provinces on this issue. As I said the last time I spoke on a Justice bill, last week or maybe earlier this week, I think every member of this House realizes that this legislation is not going to go through this session, it's I consider almost . . .
MR. SPEAKER: Order, please. The Chair is having difficulty hearing the honourable member.
The honourable Leader in the House of the Liberal Party.
MR. MICHEL SAMSON: Mr. Speaker, I will be brief. This legislation we all realize is not going to see the light of day during this session. I believe it's almost a farce the exercise we're going through, knowing the government is bringing forward legislation that has absolutely no intentions of actually going into law during the session. That is not a critique of the Justice Minister, it's a critique of the Premier and the government for what's taking place. I see no need to waste any more taxpayers' time or money in speaking on legislation which we know will go nowhere. If the government is so intent on going to an election then let's do that now and when we return we'll talk about legislation that will have a real impact on the lives of Nova Scotians.
MR. SPEAKER: The honourable member for Dartmouth North.
MR. JERRY PYE: Thank you, Mr. Speaker. First of all I don't want to stray from the gist of the bill, but since I'm standing on my feet I'd like to take this opportunity, in the event that we may not be in this Legislative Chamber again, to thank all of my colleagues who are Members of this Legislative Assembly and for being a part of this Legislative Assembly and having the opportunity to debate pieces of legislation that have come to this floor. It has been an honour bestowed upon me and other colleagues who in fact are leaving this Legislature and will not be re-offering. I cannot speak for them but I can certainly speak for myself and I can tell you to be afforded by the electorate, to stand in this Legislative Assembly and to be able to articulate and debate pieces of
legislation that are significantly important to all Nova Scotians, is an honour that I certainly won't forget.
I want to tell all Members of this Legislative Assembly - despite what I may have said across this floor, and I have to tell you that I'm not one who's attuned to the decorum of this public Legislature - I have to tell you that the environment creates a great environment when in fact there is some margy-bargy across the floor with respect to some of the very real issues of debate that occur here. I do want you to know that this should be taken in jest and I do know that it is taken in jest and that when we leave this Legislative Assembly that it stays in this room and it doesn't go beyond that. That's one of the great things, and for that I am honoured to have served with each and every one of you in this Legislative Assembly for the last eight years.
Having said that, Mr. Speaker, I do want to speak on this piece of legislation, Bill No. 4, and although my colleague, the member for Cole Harbour-Eastern Passage, our Justice Critic, has introduced a bill, Bill No. 2, similar to Bill No. 4, as a matter of fact we can say that it was duplicated in some offset printing press somewhere within the bowels of this Legislative Assembly. It certainly is what I consider an excellent piece of legislation.
I am not concerned that this will not see the light of day because I certainly believe that it will. The new Justice Minister, a former policeman, certainly understands the need for safe communities and safe neighborhoods. He also recognizes that this is not just simply a policing issue, that it crosses a lot of barriers - social, economic, planning - and the way things are done in order to develop the kind of communities where you might see illegal activity taking place or at least be the nest for harbouring illegal activity.
Mr. Speaker, I want to say that hinges on a whole host of things. The minister, in his former capacity as a chief of police, knows that there are certain environments that make it easier for criminals to come and locate and to carry on that kind of activity. I do want to say that this piece of legislation will enhance particularly the investigative unit. I do know that my colleague had some concerns with respect to this investigative unit being a separate part, an entity away from the policing services, both municipal police services and the RCMP. In my opinion, there's a very good reason why this investigative unit ought not be a part of the policing services, but at least consult with the policing services, both the RCMP and the municipal police services across the province.
Many Nova Scotians, although they report particular illegal activities going on in their neighbourhood, are a bit apprehensive about reporting that to the policing services, because they're afraid that what happens is sometimes that message goes through the doors of the policing services and then gets back to the community as to who was the individual who squealed or who actually enlightened the police on the illegal activity that was taking place.
I want to tell you that I represent a community - and I'm very pleased to see the Minister of Justice had, in fact, offered his time to come and take a tour through the communities that I represent that live with this concern about the illegal activities happening in their community. I have to say that I am honoured the Minister of Justice will take that time when he comes back after the provincial election, and if he is in Cabinet and he still becomes a Cabinet Minister, the Minister of Justice, that he will, in fact, take me up on that and we will take that tour. Even if he's in Opposition, I certainly hope that he takes the tour with me.
It's unfortunate that a lot of this kind of safe neighbourhoods and communities hinges around development and planning by the municipal units, as well. When I look at communities such as North Dartmouth, when I look at Kennedy Drive and Caledonia Road, I want to mention these communities because these are the communities that are stigmatized by activities that take place there. I'll say it once again, Dartmouth North, Caledonia/ Kennedy, Spryfield, Uniacke Square, Mulgrave Park to name some within the HRM area, that , in fact, live with these stigmatizations that, for the most part, are unfounded. They live with it simply because of most of the illegal activity that has taken place in these communities. To finally see the day that a piece of legislation is coming across this floor that is going to bring about safe communities and neighbourhoods is a piece of legislation that I think we can all support.
I want to say to the Justice Minister that in the initial piece of legislation there is not these illegal gambling activities that would take place. I'm pleased to see that is a part of the piece of legislation. There's also another part of this legislation that needs to be looked at, although a business or an entity may not be directly related, or the direct cause of the illegal activity, they are, in fact, indirectly the cause of an illegal activity.
What I'm saying is, the minister should look at the location and establishment of adult entertainment facilities such as strip clubs, or any other activity around adult entertainment that may come forward. The minister, knowing full well that municipalities are not an enshrined government under the Charter, leaving the other two levels of government, both the provincial and federal governments, to be the levels of government enshrined under the Charter. In the absence of good planning by municipal governments, then it is the responsibility of provincial governments to recognize their role.
I think the Minister of Justice can certainly place emphasis within his bill where businesses or entities are not directly, but indirectly the cause of the illegal activities going on, then the powers will be given to this investigative unit to investigate these activities as well and to see what kind of effect they're having on safe communities and neighbourhoods.
For example, you know, in the news recently, there has been a huge debate around Sensations strip club. As you know directly, the strip club can argue - because its only
within the purview of its boundaries - that it does not influence or cause illegal activity to take place, because once you cross the sidewalk then it's not their responsibility. Yet they may, in fact, be the business that attracts prostitution, attracts drugs, attracts these kinds of illegal activities coming into neighbourhoods. In particular, in this neighbourhood, where many of the residents are only 50 feet away from this business entity, then that's what happens.
[9:45 a.m.]
I want to say that the minister had also talked about a task force on safe communities and neighbourhoods. I think that is an absolutely excellent approach by the government to bring about a task force. I hope that when the minister speaks about this task force that he is speaking about a task force that's comprised of special interests within the community and expertise in that special interest of the community such as planning, such as social development, such as policing services, such as administrative functions; the whole picture is, in fact, that there is an expertise around the composition of this task force that will be able to bring to the government, and to the minister's attention, those kinds of things that cause communities to break down and those kinds of things that attract illegal activity into a particular community.
If, in fact, we have that kind of consistency with a task force, then we will have an opportunity for citizens who are somewhat reluctant to come speak to task forces to obviously open up their hearts and spill what they believe is the right direction in which this task force should go. I hope that when the minister puts this task force into action that the task force is one that goes across the province. I don't think any part of this province is immune to the illegal activity. I think that it is not only the two major cities, CBRM and HRM, that have problems with illegal activity, but many towns and communities across this province have problems with illegal activities going on in their neighbourhoods. If we're going to look at this in an objective way, then we have to make sure that that objectivity is for all citizens across the province.
I want to talk briefly about community-based policing. As you know, prior to amalgamation, some of the cities actually did have what was considered community-based policing. I do know that Halifax Chief of Police Blair Jackson, who is deceased, played an integral role in the development of community-based policing in HRM. He did an excellent job. Actually he carved the city into three zones called the Alpha Zone, the Bravo Zone and the Charlie Zone, to incorporate the community-based policing. Community-based policing never did actually come to the real definition of community-based policing. In order to find the true definition of community-based policing, look across the ocean and into England where you can really look at community-based policing. Community-based policing was modelled after the English bobby who walked around the community, tapped his billy on the gates, jiggled the door handles to see if the doors were locked, who lived in the community and brought citizens in who were about
to create illegal activity, brought them into the precinct, sat them down and called their parents, and told their parents to come pick them up. That was the model of community-based policing.
It was a model whereby the policing services were expected to live in the neighbourhood community, get to know the people in the neighbourhood community and be a part of that community so that they could build up confidence. After amalgamation, community-based policing just simply slid off the radar. What we do have now is individuals going by the name of community constables. Community constables are individual constables who are assigned to communities, with a community office, who in fact are able to go out in the community, talk to young people in the schools, speak to citizen groups and organizations and agencies and let them know what he is doing for their community, that it is a two-way communicative street, that they can come to the community police office and discuss what it is that they have on their mind, and identify individuals.
Even with the community constable concept, there are still people who are apprehensive and concerned about bringing those issues to the police directly. So once again, here's a good example of why the investigative unit needs to have that autonomy, but yet communicate with the policing services. There is this apprehension that citizens still believe - and it's hard to imagine, but they still do believe - that in a democratic society, when they're speaking with police, that somehow that message gets back and they are the ones who pay the price.
I do know that when we first set up a community-based police office in Dartmouth North, there were persons from other countries who were going to a school for English as a Second Language and going through an ESL program, and because the community-based police office was in that school where the ESL program was going on, those young children and parents from foreign countries were afraid to go into that school to take their ESL programs. We finally learned about six months down the road why they were afraid. It was because many of them had come from states that were dictatorial, that were police states and we had not recognized that that was a major concern to them.
I want to say, I do know that other members of my caucus and my colleagues will be speaking on this very important issue. I do want to say to the minister that it is a great opportunity for us to look at, not only that crime exists, but what causes crime to come in the first place. To the minister and to my colleague, the member for Cole Harbour-Eastern Passage, both who have introduced these pieces of legislation, both Bill No. 2 and Bill No. 4 - and I know we're only debating Bill No. 4 at this time - I do want to say to both of them that, in fact, this is an excellent piece of legislation coming across this Legislature floor.
Again I'm honoured to be able to sit here and debate this piece of legislation, and again, I hope that the minister expedites the task force on safe communities and neighborhoods as quickly as possible - should the House resume as quickly as possible - and that we get on with this very, very excellent idea of trying to control crime within our communities and neighborhoods. Thank you so very much. (Standing Ovation)
MR. SPEAKER: The honourable member for Timberlea-Prospect.
MR. WILLIAM ESTABROOKS: Mr. Speaker, it's always a tough act to follow, when you stand in your place after the good member for Dartmouth North. The recognition that we just gave this member - and I want you to know that probably in the years that I have been a member of this Party, prior to being elected and of course having the pleasure of serving as an MLA - there is no more passionate voice of the communities of Dartmouth than Jerry Pye. I congratulate him and thank him. (Applause)
Mr. Speaker, it's always a shock when you pick up the morning paper and you see your community on the front page. Recently, in the community that I've been privileged to represent, we were front-page news. It's of course with some huge regret that I bring this to the attention of the House, that we have been enduring as a community, in Beechville-Lakeside-Timberlea, the terribly tragedy of the loss of a popular schoolteacher, a wonderful young mother, and of course a person who is sadly missed each and every day, not only at BLT Elementary but also in the community that I represent, Timberlea-Prospect. Paula Gallant was a special young woman, she taught in a school where I often visited and I had the opportunity to be in her classroom on numerous occasions.
Paula's tragic death is a perfect example that it can happen in your community. It's not Detroit, it's not Los Angeles, it's not New York, it's Timberlea, it happened right in our community, this terrible tragedy and her unfortunate death. Mr. Speaker, I want to, if I may at this time, express again to the family, and of course to the teachers and the students that Paula taught so well, our deepest sympathies.
I had the opportunity, with my good friend , the member for Cape Breton Centre, to be at a social event in Cape Breton recently - and you know there's nothing better than a good social event in Cape Breton - and I was approached by an older lady who came towards me and introduced herself as Paula's grandmother. Needless to say we shared a few laughs and tears as we looked at the fact that this outstanding young teacher was no longer with us. In the community that I represent, Beechville - Lakeside - Timberlea, or the community where Paula grew up, in Glace Bay and through the New Waterford area, we are always questioning, why these things happen? Why do they happen here? It's of course a reflection on the fact that it's a need each and every day and each and every evening to look around in our communities and to make sure that they are safe.
When your community is front page news, you begin to question some of the things that you sort of take for granted, you take for the normal, and I think it has been a very tough, very hard lesson for the people that I am fortunate enough to represent - as we have been looking over our shoulder, to be quite truthful with you, Mr. Speaker, we've been making sure that our kids get to and from school safely, we've been making sure that if there are suspicious vehicles moving around in our community that we bring them to the attention of the Citizens on Patrol, a volunteer organization in the communities that I represent, or we've been calling the police and informing them of the fact that perhaps we should be a little bit more vigilant about events that are happening in our community. That's the positive of such a tragedy that took place in the schoolyard at BLT over the holiday this past year.
Mr. Speaker, I want to congratulate the current Minister of Justice, I want to compliment the Justice Critic for our Party for bringing forth a piece of legislation that makes such good common sense, and I also want to address another issue that's a real concern to me as a schoolteacher.
In the community that I represent, many of the young people unfortunately are targeted because of the fact that they have caused issues in our community, whether we consider them violent, out of control or really very difficult to deal with. I want to put this on the record for all involved - let's be very clear, the huge majority of young people, the huge majority of teenagers that we all know, are respectful, they are obedient, they understand the law and they will respect the law, whether it's a school principal dealing with a student who is not a regular attender or a police officer who is dealing with a student, or a person of whatever age, who has been out in the community too late and is making his or her way home. The huge majority of teenagers will listen to the law, but as we see in recent findings with the Theresa McEvoy hearing, there are many young people in various communities who have to be reminded of the consequences of not paying attention to the laws and regulations of our province.
[10:00 a.m.]
I want to compliment some of the members of my caucus, in particular the member for Cape Breton Nova who has given many long years of his life to the Boys and Girls Club, to the activities in his community to provide alternatives for teenagers so that they will have the opportunity to be involved in something positive.
I want to point to the young member for Sackville-Cobequid who's involved in his community and is concerned about some of the very things that we've heard about, particularly what I know from first-hand experience as a vice-principal at Sackville High, a community that grew very fast and had recreational needs, that needed things to keep young people busy, and the good member for Sackville-Cobequid is attending to those matters.
I want to point out the member for Halifax Needham, who on so many occasions brings forward concerns in this House about the so-called stigma that's connected to certain parts of HRM. I want to congratulate her, in particular, for all the good work she has done for some of the streets that have that "reputation" because it's in the north end of Halifax. The revitalization of the North End, the good work that's being done there by the member for Halifax Needham and other councillors who are working with her, those are important indicators that these elected officials care about their community and want to make sure that it is a safe community, a safe community where young people can go to school safely and a safe community where seniors can go out in the evening for a loaf of bread, making sure that they are not in threatened positions, that they are safe, but they are also careful each and every day as they make their way to and from school.
Mr. Speaker, one of the concerns that we have, of course, is young people and I want you to know that school teachers play a prominent role in informing and educating young people, not just about their rights, but also about making sure that they are vigilant and careful of certain situations they can put themselves in. I see this in a regular fashion as we see young people in elementary school making their way to and from school, making sure that they, on their own, are going to have a safe arrival which is a wonderful program in the schools in my community and that at the end of the day they're going to have a safe walk home, or when they're dropped off by the bus, that they're going to be received by either the person taking care of them, or they're going to a daycare arrangement, but they're in a safe environment. So those school teachers around this province, those school teachers in my community who continue to educate young people and make them aware of safer communities, that's an integral and important role in making sure that we live in a safe community.
Mr. Speaker, you've heard me stand in this House many times and say how proud I am to represent the people of Timberlea-Prospect. I want you to know, in particular, there's a volunteer organization called Citizens on Patrol. My office is located in the Lakeside Recreation Centre and in that building there is a Citizens on Patrol office. Citizens on Patrol are those volunteers who work carefully with my community, with the RCMP, who make sure that in the evenings, during the day, they are aware and they are out in our communities making sure that they are looking at things that just aren't quite right. There are various volunteers in this organization, I don't want to mention all their names, but I want to compliment them for their absolutely wonderful dedication, for their commitment to our community. I am sure that when we look back, they in their own way are making a much safer community, whether it's in Timberlea-Prospect, Sackville-Cobequid, Dartmouth North or Halifax Needham.
Finally, Mr. Speaker, I want to compliment the police. You know, I've had the opportunity over the years to encourage many young men and young women to look at this as a great career - not a job, a career - because when you become a policeman,
whether it's with the federal RCMP, or whether it's with the municipal police force, you become part of a wonderful service in our community.
Over the years I've had the opportunity to be involved in the recruitment of young men and women and when they join a particular police force, it's with great privilege, I can tell you, that I've been on their resumés and I've given them personal references. In fact, I recently was made aware of the fact that one of the more promising students that I used to teach and coach has been accepted to the Police Academy and will be moving into an HRM position with the police here locally. I know that he will do well. He will be a young man who has a great deal of respect in the community that he grew up in and he will be a young man who will do well as a police officer wherever he serves.
In particular, the current police chief in the HRM, Chief Beazley has deep roots in the community I represent. Chief Beazley and the Beazleys from Whites Lake are always well received in the community, because Chief Beazley is aware of the many needs of not just the city in the urban core, he's also aware of the more rural parts of the HRM. So my compliments to Chief Beazley on the good work he has been doing.
I want you all to know that when it comes to police work, I think we should all look at it, and I know the member for Cumberland South would agree with me on it. We can always be critical of people in other professions, and then we have to look at it and say, would I want to walk a day in their shoes? I can tell you, in many cases, some of the tough situations the police officers have been in, I would not want to be in their shoes or their boots some late-night evening when they're dealing with a domestic problem, when they are pulling over to the scene of a tragic accident. That's the ultimate compliment that we have to give police. It's a tough job, they're doing the best they can with the resources they have, and I compliment anyone who goes into that particular career and has served long and hard there.
Those would be my comments on this piece of legislation. I want to compliment both the Minister of Justice and the critic for the NDP for bringing similar legislation forward. I look forward to supporting it at a future time in this House. (Applause)
MR. SPEAKER: The honourable member for Dartmouth East.
MS. JOAN MASSEY: Mr. Speaker, I do rise here this morning to talk about Bill No. 4. The first time we saw this bill in this House was, I believe, when the member for Cole Harbour-Eastern Passage tabled this bill. I remember he did, as a critic, give the members here, at least on this side, a lot of background information on what this bill would mean to communities across Nova Scotia. Whether it comes from this side or comes from that side, if it's good for Nova Scotians, it's good for all of us. We are quite happy as a Party to share our bills, and I know that does happen quite frequently here.
There are good initiatives in this bill, and so we're happy to recognize those and thank the Minister of Justice for bringing the bill forward, even though it's a bit of a copycat bill, Mr. Speaker. But that's all right. The bill does help to address issues in our communities. In fact, I know in my community I've had people call me - not so recently, but awhile ago - about the issue of crackhouses very close to their schools in their community. Those are issues that I think we can all be fearful of and relate to. These same people are also in fear of retaliation. So they're never quite sure how to report these things. Of course, sometimes they will call your constituency offices and ask for advice on how to do that.
It's a sad day when there are people in our community who are afraid to walk their own streets. When you go canvassing your neighbourhoods throughout the year, you'll find that out, especially when you speak to seniors. I know our police department has had a lot of community town hall meetings. I've tried to attend all of those. In Dartmouth East, those meetings seem to mainly be filled with a lot of middle-aged and seniors who come out to really express their views and their concerns about their communities, how their communities are changing, how they have issues with violence they can see from their own windows and drug dealings going on in view of their homes. They have issues with vandalism on their properties, around their properties, and they've heard from our chief of police, and we've heard our police officers speak on these issues. We know that they are concerned, and they're very aware of these issues.
I believe one of the problems we face right now in Nova Scotia, specifically in HRM, is that there doesn't seem to be the time now for police officers to do that community-based policing that is so important to people in our communities.
Years ago, I believe they did have time to go and visit with people, their day was not set out in such a scheduled format. I believe now that when these officers get into their cruisers, their day is pretty much set and they know exactly what time they're going where and what they have to do. There's little time left, I believe, for community policing. I know they wish there would be more. I think there is an issue of maybe not enough police presence and that may be a funding issue.
Mr. Speaker, there are needs for more community-based policing, as I said, and a visible police presence. One way to do that is through building community centres or using our schools after hours as a community presence in our communities. I would like to, while I have a moment, thank the East Dartmouth Community Centre Society and the people who have been working tirelessly in that community since 1998, 1989 or something - long before I was standing here - they've been working to try and get a community centre in a part of our community that has high needs. In fact, there have been needs assessments done awhile back that support that theory.
We are going to have that community centre built and that will be a good thing for Dartmouth East. I do hope it draws people in from all over the surrounding areas and it may alleviate some of the fearfulness of people going into certain communities, whether it's day or night. It will provide a permanent home for our Dartmouth East Boys and Girls Club, which everyone's looking forward to and we're hoping to have a satellite police spot in there. I shouldn't say that if I'm not positively sure, but I'm pretty sure. I think they're looking forward to moving in there.
There are things that can be done and I believe this bill puts us on the road to where we should be going. As a Member of the Legislative Assembly, I would be looking forward to this bill going forward to the Law Amendments Committee and seeing it pass. If circumstances happen that we're not here and the bill just falls short of going anywhere, when we come back perhaps we'll be in a position to make sure it does get passed. With that, I will take my seat. Thank you.
MR. SPEAKER: The honourable member for Hants East.
MR. JOHN MACDONELL: Mr. Speaker, I want to make a few comments about this piece of legislation. I applaud the minister for bringing this forward. I think, at least for our caucus, to see this bill move on would be an important thing, at least to get to the Law Amendments Committee.
I want to say that in trying to digest what I did get through on this bill, I do have some questions, not necessarily criticisms, just I would need a little more explanation on the roles and the powers of the director that are identified in this bill. Although it was pretty clear what the director is able to do, I guess for me - I don't have a legal background - the first thing that pops into my mind is, how do these powers go hand in glove with powers of other policing authorities? It strikes me as if there would be a bit of a wrinkle in this director's powers compared to other parts of the system.
One concern I would have is the idea that a piece of legislation like this obviously gives you a bit of a warm and fuzzy about we're doing good things, motherhood and apple pie and all that. What I would like to see is a little more attention or a little more emphasis by the government on the causes of crime. What are the social things that are happening that are actually the key points that allow young people to take the road that's maybe less travelled and for them it's made all the difference but not in a positive way? I'm a little concerned that the public might view this legislation as a do-all in terms of preventing crime, perhaps where as much as anything, the way I read it, it's going to be an intervention after crimes are committed.
[10:15 a.m.]
I would like to see some progressive policy and some resources go into actually nipping the possibility of being a criminal at the bud and creating a much better start in life for some young people to prevent them from going down the road that would take them to being a criminal. Mr. Speaker, I think you would be aware by now that I was a teacher for 15 years. Quite often when we talk about communities and crime we tend to think that we're going to hell in a handbasket - I'm not sure if I can use that in the Legislature - but I think what people don't recognize is that society is quite good. I'm amazed at how good people are in spite of the lack of resources that they have.
We stand in this House and we talk about resolutions to volunteers and the good work that people do in communities and I think we tend to forget about all the good that goes on. There are lots of good people in this world, there just aren't enough. What I would like to see is for all of those well-intentioned people who wind up in circumstances that if it was at their control at the start, where they wound up was out of their control at the end. I would like to see governments look more at supporting communities in a way that gives more positive experiences, particularly for young people, to pull them back and save them.
I was having a conversation in the lounge earlier and we were talking about obituaries in the newspaper and realizing, when you look at the deaths, how many people die of cancer. I think that on the criminal side there's a lot that could be prevented if we actually put resources into communities and toward people who could use them. There are some people we tend to forget, we hang them out on a limb allowing them to fend for themselves. If for nothing but the grace of God, they tend to survive and their children grow up to be responsible and well-adjusted contributing members of society. We can all shake our heads and wonder why. How did they turn out so good? Certainly there are lots that don't and I think by and large people are good, people are resilient and I think you're a product of your environment in many ways.
I'm a person who actually debates the nature versus nurture controversy all the time, I'm an identical twin so it's always a bit of a debate for me how much of what I am is my DNA and how much of what I am is my environment and compare that to my brother who is a Liberal, go figure.
AN HON. MEMBER: Is he the good looking one?
MR. JOHN MACDONELL: Yeah, he's the good looking one, yes. With those comments, I'll take my place but I am looking forward to seeing this bill moved through the House, to see if there's a way to improve it and also to make the point that I think that communities need more than this, I think communities need resources that actually prevent people from heading down the road to crime.
MR. SPEAKER: The honourable member for Halifax Fairview.
MR. GRAHAM STEELE: Mr. Speaker, I'm pleased to rise on this bill. I do want to put a few things on the record about safer communities, about what it would take to make the community that I represent safer. Clearly this bill is a photocopy of an NDP bill, a photocopy of NDP ideas again. Once again we say, they're welcome to it. However, I would say that the Progressive Conservatives are sort of late converts to this cause as with so many other things we see within days or weeks of an election, and now we're probably with 24 hours of an election. The Progressive Conservatives have discovered that our communities need to be safer. Well, who has been government for the last seven years? It's them. They've been in government. What did they do for those seven years? Nothing, and then 24 hours before an election, here we are on the floor of the Legislature debating safer communities.
While we support this bill, I want to talk a little bit about what it would take, in addition, to really make the community that I represent safer. I don't think it's any secret that the root of most of the crime in my community is the trade in illegal drugs, and that takes place in every neighborhood. It's not restricted to areas where incomes are low. There is one very middle-class street that I can think of, where there is one house where there are drugs being dealt, out of that house. When you look at the street, it's not the sort of street where you would expect this thing to happen, but it happens everywhere, out of apartments, out of houses, and everybody in the neighborhood knows where those houses are and yet the police seem practically powerless to do anything about it. Why is that?
That's because in order to enforce the laws that are already on the books against the trade in illegal drugs, it takes a great deal of police resources. There would have to be surveillance operations, or sting operations. It's not enough to go on what the neighbors see, a lot of traffic coming and going, all kinds of people coming at all hours of the day and night. That's not enough to charge and convict somebody. They actually have to have the evidence, and it takes a great deal of time and money and people power to set up those kinds of surveillance operations, or sting operations.
Not only that, even if those operations are successful, it can then take many, many months for the charges to come to trial, to come to court and if the trading is what you might call street-level trading, the penalties are really quite low. If you take a dealer off the street, it doesn't solve the problem, because then another dealer just moves into the vacuum that is left by the absence of the dealer who happens to have been picked up. The real problem, of course, is the suppliers.
This is a scourge in our community, and let there not be any doubt that it is the trade in illegal drugs that is behind most of the crime in the area that I represent. Many of the break-ins are people looking for money to pay for their drugs. Many of the car thefts are the same. Much of the fear among seniors in our community caused by these things, or are the root of them, is with illegal drugs, and the challenge then is not to pass
new laws and pretend this is going to create safer communities, it's finding ways to give our police forces the opportunity to enforce laws that are already on the books.
I think, in particular, Mr. Speaker, of a couple of apartment buildings in my constituency that are the source of a great deal of the illegal drug trade. It's well known in the community. It's tremendously disruptive to the good citizens living around these buildings. One of them is the worst slum in my entire constituency and it's right in the middle of a middle-class neighborhood. There is no other way of saying it, the landlord would have to take a great deal of the blame for this. These are buildings where the landlords don't seem to care who they rent the apartment to. They don't seem to exercise any control or influence.
I have one apartment building in my constituency where we submitted a freedom of information request for all of the investigations of bylaw infractions of the building, and it came back this thick, over 10 years, every conceivable violation. The landlord had to be dragged kicking and screaming to follow the most basic bylaws - garbage collection, fire safety, all that kind of thing. It's a disgraceful building in disgraceful condition and it is a scourge in the neighbourhood where it is. This bill may or may not do anything about it, although it seems very unlikely.
What we need, what those communities need around those buildings are landlords who take the responsibility seriously, landlords who do not see an opportunity to make some money by letting their buildings fall into disrepair, because I can tell you, Mr. Speaker, not one penny of the rent money in those buildings is going back into the buildings, and that is not by any stretch to impugn the other very good landlords in my community, but the problem is once you have one of these bad buildings, the bad vibrations kind of radiate in all directions from it. I dearly hope that with city bylaw enforcement and with adequate police resources, something can be done about these buildings, which are a stain on the communities in which they are. This bill doesn't do anything to toughen up residential tenancies, to allow the city to better enforce the bylaws that are already in place.
To a certain extent, Mr. Speaker, I would say that what we need is not another law, it's the resources and the will to enforce the laws that are already there. That is not where this government's head is at right now. This government's head is at creating illusions. As I talked about in my reply to the budget, the distance between the promise of this government and the reality includes an election. What this bill is all about, today, and why the government is bringing it forward is creating illusion that this government is tough on crime, but it isn't, because, right now, it's only words on paper, it's only promises in print.
If they were really serious about this, Mr. Speaker, they would stay in this House and pass this bill, this bill that they've recently discovered. If they were really serious, they
wouldn't be on the verge of an election. We all know that we're not coming back on Monday. We all know that we're hitting the campaign trail tomorrow. If they were really serious, they would stay in this House, pass their budget, and pass this bill.
HON. RONALD RUSSELL: Mr. Speaker, on a point of order, if the honourable member is serious, and I'm sure that he is, well, then let's pass the bill.
MR. STEELE: Mr. Speaker, the Deputy Premier knows that it only passes through one stage today. It's another illusion that if we pass the bill through second reading, that that somehow is better than having it passed through first reading.
Let us not be under any doubt that for the hard-core criminals for whom there is no correction, we must be very tough on them. Let there also be no doubt that this problem of crime will not go away until we deal with the root cause of crime, which is poverty.
Mr. Speaker, recently in my community a food bank closed, a very large food bank covering a very large area of the west end of Halifax. One of the reactions I got immediately from a neighbourhood resident was, oh dear, that's going to cause the crime rate to go up, because that food bank was just enough to allow some people to put food on their table, and, in its absence - and it has been closed since October - there is a fear in the community that it will cause people to do desperate things.
I've said that the root of much of the crime in the community I represent is the illegal trade in drugs, but let there be no doubt that poverty is also there - well, even for some of the drug dealers, the lure of the drug trade, of course, is easy money, but other people who are just hungry and cannot put food on the table unless they steal it, that is something that we must deal with, and what is this government doing about that? If they want a safer communities bill, Mr. Speaker, then let it be to deal with this issue of poverty, this issue that this government still has not addressed after seven years.
In this budget, Mr. Speaker, what does the government do? It increases the shelter allowance for metro Halifax and the rest of the province by $15 regardless of the fact that the shelter allowance is already far behind market rents, and one of the things that would truly create a safer community is if there were more safe and affordable housing in my community, but there isn't going to be even if we pass this bill, even if we pass this budget those things will not come to pass. That's what we need, we need safe, affordable
housing, we need a government that understands that the root of crime is poverty, that if you are going into trying to create the illusion of being tough on crime you could at least make a token effort to create the illusion that you're tough on the causes of crime, but this government doesn't seem interested in creating even that illusion, much less in following through.
[10:30 a.m.]
Mr. Speaker, I am ready to do that, my Party is ready to do that and people know that the best way to deal with the poverty agenda, to tackle the real roots of crime, to really create safer communities is to send more New Democrats to this House. Thank you.
MR. SPEAKER: There seems to be some misunderstanding with regard to Bill No. 4, and as the Chair I would like to make it clear that the bill could be passed with unanimous consent of the House.
If I recognize the honourable minister it will be to close the debate.
The hnourable Minister of Justice.
HON. MURRAY SCOTT: Thank you, Mr. Speaker. It's an honour again to rise in regard to Bill No. 4, Safer Communities and Neighbourhoods Act. First of all I'd like to thank the members opposite for their comments, we've heard a lot of good comments here today. I would like to point out that the honourable member for Cole Harbour-Eastern Passage mentioned the fact that this was a bill that he believes we copied. I in fact believe that this bill actually originated out West, so probably other people in this House have copied it as well. It doesn't really matter where it came from, the fact is it is a good bill, it's good legislation, and it very much has the support of our Premier and this government on this side of the House.
Just a couple of points, Mr. Speaker, I won't take a lot of time. This is a good piece of legislation. As was pointed out by the Deputy Chief of the Halifax Regional Police, Mr. Chris McNeil, police enforcement and police officers in police departments can't alone address the great issues that we see in communities in regard to crime. Enforcement is certainly one side of it but as well, as he mentioned, the issues of the root causes of crime have to be addressed. It was mentioned by the member for Cole Harbour-Eastern Passage that this would be an investigative team from Halifax - I'm not quite sure where he got that information. What I said is yes, I support an investigative team, it would be under the Department of Justice, absolutely, but I've consulted with police from across this province, I've consulted. . .
AN HON. MEMBER: With Springhill?
MR. SCOTT: Yes, with Springhill ( Interruption ) yes, with Sydney, with Chief Edgar MacLeod, yes with the Chief Beazley in Halifax who in fact stated yesterday or the day before that he was pleased to see this, he was pleased to see this investigative unit because he said the police themselves can't do it, and it is a civil process that he was glad
to see. The honourable member may want to discuss it with him because I can tell you, police across this province support this bill the way it stands.
Mr. Speaker, this bill will allow for another tool in the box in regard to crime in communities - it will allow an opportunity for us to deal with the situations that out West have been dealt with very effectively, and it will allow for our communities again to have confidence in the fact that they have safe streets, safe communities. That's what this bill and this government is all about. We're committed to ensuring people believe, as I know the members opposite have told me they agreed with me on this, that we are going to move many initiatives to make our communities safer - and this is one part of that puzzle.
Mr. Speaker, I'm very pleased to move second reading of Bill No. 4, Safer Communities and Neighbourhoods Act.
MR. SPEAKER: The motion is for second reading of Bill No. 4. 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. 7.
Bill No. 7 - Police and Peace Officers' Memorial Day Act.
MR. SPEAKER: The honourable Minister of Justice.
HON. MURRAY SCOTT: Thank you, Mr. Speaker. I'm very pleased today to rise and move Bill No. 7, Police and Peace Officers' Memorial Day Act. When I tabled this legislation last Friday, I did not know that we would soon have a Canadian example of the daily risks that are faced by those who keep peace in our communities across this country. Last weekend's tragedy in Windsor, Ontario, is a sad but real demonstration of the courage and selfless actions of law enforcement and law enforcement officers across Canada.
Mr. Speaker, every day we rely on law enforcement to keep our communities safe. As that situation illustrates, the job comes at great personal risk for those who keep the peace in our province. Unfortunately, those who put their lives on the line sometimes make the ultimate sacrifice. Under the Police and Peace Officers' Memorial Day Act, the third Sunday of each October will be designated as a special day for Nova Scotians to commemorate peace officers who have lost their lives in the line of duty.
Those who have given their lives protecting others have paid the ultimate price, and we are all grateful for their selfless actions. Since the 1930s, 15 officers have died in the line of duty. While they deserve our recognition every day, an annual designated day will ensure we take the time to properly acknowledge their service and commitment to their fellow Nova Scotians.
Mr. Speaker, I've had conversations with police officers across Nova Scotia, and I know the Nova Scotia Chiefs of Police Association recently passed a motion supporting the designation of this day to mark fallen peace officers will look forward greatly at the passage of this bill. This bill acknowledges our mutual commitment to honour those heroic Nova Scotians.
Mr. Speaker, as a former police officer, I know full well the tragedy that this profession can and does mean for a lot of individuals who represent the police community, and their families. In fact, one of our members here today, the member for Eastern Shore, his daughter is a police officer with HRM. I know he's very proud of her and the work she does. She's to be commended for that. The father of the honourable member for Timberlea-Prospect was a peace officer with Corrections Canada. I've seen, as well, during my career, corrections officers who have lost their lives in the line of duty.
Mr. Speaker, these people put their lives on the line every day for us, to ensure that the things we're trying to do make our communities safe. They are the people out there day and night, when we're home in warm beds, they are out there ensuring that they protect us, and our communities are safe and our people are safe. They deserve our recognition. I'm looking forward to support from the members opposite to move this bill through the House as quickly as possible.
Mr. Speaker, with that, it gives me great privilege to move second reading of Bill No. 7, Police and Peace Officers' Memorial Day Act.
MR. SPEAKER: The honourable member for Cole Harbour-Eastern Passage.
MR. KEVIN DEVEAUX: Mr. Speaker, I'm glad to say a few words on this piece of legislation. I think next week is Police Week. I think that was brought up in a couple of resolutions. (Interruptions)
Is it this week - I think it's next week. Right, next week is Police Week.
So I think it's very appropriate, at this point, we do have a bit of a debate on this. I agree with the Minister of Justice, this is a piece of legislation that recognizes, symbolically, the efforts of police officers. I know in my riding, in a few weeks, they also have what they call a Blue Mass out at CFB Shearwater, 12-Wing Shearwater, where
they hold a mass to recognize those who are in the military or those who are peace officers or police officers for their ultimate sacrifice for Canadians.
I'm glad to see this legislation come forward. They do an honourable job, they do hard work. We all see it every day, particularly as MLAs, when we have concerns raised by constituents and we bring them to the police, the level of training they have, the commitment they have is very important, and we're glad to see this legislation move forward.
MR. SPEAKER: The honourable member for Clare.
MR. WAYNE GAUDET: Mr. Speaker, I'm pleased to rise and say a few words on this bill on behalf of our caucus. We certainly support this bill. As the minister indicated, with the recent tragedy in Windsor, Ontario, it certainly raises, again, the awareness of many of these individuals, police officers and peace officers, and their line of work. Every day we rely on police officers to keep our communities safe, but especially with an incident like what happened in Windsor, Ontario, we recognize- and it certainly comes to life once again - how critical and important it is to recall and remember these fallen police officers and peace officers.
Mr. Speaker, I'm pleased to see that the government is moving forward with this piece of legislation, recognizing fallen peace officers and police officers and our caucus is pleased to support the Police and Peace Officers' Memorial Day Act.
With those comments, I will take my seat. Thank you.
MR. SPEAKER: The honourable member for Sackville-Cobequid.
MR. DAVID WILSON (Sackville-Cobequid): Mr. Speaker, I too want to rise just for a few brief comments on this bill. I want to congratulate the member for Cumberland South, the Minister of Justice, for bringing this forward to pay tribute and recognize the individuals - not only in our province, but across the country - who put themselves in harm's way to ensure the safety and protection of our citizens, especially here in Nova Scotia.
I've had the honour and privilege to work with many police officers over my career as a paramedic. We worked very closely with them and I personally know the dangers that many police officers put themselves in to ensure the safety of others. I think it's only right to honour those individuals who take that step and give so much to their province, their community and their country.
Again, I do have full support for this and I again commend the Minister of Justice for bringing this forward.
MR. SPEAKER: If I recognize the honourable minister it will be to close the debate.
The honourable Minister of Justice.
HON. MURRAY SCOTT: Mr. Speaker, I thank members opposite for their support of this bill and I look forward to its speedy passage, and I know police officers across Nova Scotia do as well. With that, I would like to close debate and move second reading of Bill No. 7, Police and Peace Officers' Memorial Day Act. Thank you.
MR. SPEAKER: The motion is for second reading of Bill No. 7. 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 Acting Government House Leader.
HON. BARRY BARNET: Mr. Speaker, would you please call Bill No. 10, the Criminal Notoriety Act.
Bill No. 10 - Criminal Notoriety Act.
MR. SPEAKER: The honourable Minister of Justice.
HON. MURRAY SCOTT: Mr. Speaker, it's an honour and privilege again to rise on Bill No. 10, the Criminal Notoriety Act and to move second reading.
The bills I introduced last week with regard to the Department of Justice are directly related to taking steps to make it more difficult for people to engage in all types of criminal behaviour across our province. We also want to ensure that those who do are prevented from profiting by exploiting the notoriety of these crimes. The Criminal Notoriety Act is to prevent criminals from making money by selling their stories and their memorabilia from their crimes. With this bill we will join other Canadian provinces that have already enacted this legislation. As more provinces adopt similar legislation it will help to ensure that criminals cannot profit simply by launching sales in jurisdictions that do not have this kind of legislation in place.
This bill outlines significant finds for any criminal, their agent or corporation, who contravenes the Act. It also allows for any profits that result to be directed to victims' services programming, if in fact they do.
This is part of our efforts to discourage criminal behaviour in our province, both the strong prevention and the response. With these comments, I move second reading of Bill No. 10. Thank you.
MR. SPEAKER: The honourable member for Cole Harbour-Eastern Passage.
MR. KEVIN DEVEAUX: Mr. Speaker, we look forward to hearing debate at the Committee for Law Amendments with regard to this bill. We have no problem seeing it move forward and we'll wait with interest to have it come back to the House.
MR. SPEAKER: The honourable member for Halifax Clayton Park.
MS. DIANA WHALEN: Mr. Speaker, I'm pleased to rise to say a few words about the Act respecting the profits of criminal notoriety, on behalf of my caucus. We certainly think this is something that is important to look at. I think we need to be in step. I often speak about us as a province keeping in step with the rest of the country; also, not being the last to do so. I think it's important that we step forward and take initiatives when we see them. I think particularly because of the harm caused to the victims of crime that it is really morally wrong for us to allow the perpetrators of these crimes to profit.
I think in view of particularly protecting society and those victims from having to relive and be further victimized by the crimes that were committed, it's very important that we put some protections in place. We'll be very happy to see this bill move forward for further debate. Thank you.
MR. SPEAKER: If I recognize the honourable minister it will be to close the debate.
The honourable Minister of Justice.
HON. MURRAY SCOTT: Mr. Speaker, with those comments - and I thank the honourable members for those comments - I move second reading of Bill No. 10, the Criminal Notoriety Act.
MR. SPEAKER: The motion is for second reading of Bill No. 10. 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 Acting Government House Leader.
HON. BARRY BARNET: Mr. Speaker, would you please call Bill No. 16.
Bill No. 16 - Personal Information International Disclosure Protection Act.
MR. SPEAKER: The honourable Minister of Justice.
[10:45 a.m.]
HON. MURRAY SCOTT: Mr. Speaker, it's a pleasure again to rise on Bill No. 16, the Personal Information International Disclosure Protection Act. I would like to point out that the honourable member for Cole Harbour-Eastern Passage, I know, has a real interest in this initiative as we've talked about it in the past and I look forward to his comments and comments from all members opposite.
Mr. Speaker, I am pleased today to speak to this bill which addresses an important issue for Nova Scotians. This legislation will strengthen protections against the disclosure of Nova Scotians' personal information, under the U.S. Patriot Act. The new Personal Information and International Disclosure Protection Act, outlines a series of requirements and penalties that protect personal information from inappropriate disclosure. We know that the U.S. security legislation has caused concerns about the American Government's ability to access personal information of Nova Scotians, held outside of Canada.
This legislation clearly outlines the responsibilities of public bodies, municipalities and technology service providers and the consequences if these responsibilities are not fulfilled. Under the Act, the Minister of Justice must be notified if there is a foreign demand for disclosure of any personal information of Nova Scotians. The Act also requires that service providers storing information only collect and use personal information for the purposes of their work for a public body or municipality. In order for these measures to be successful, staff must be sure that they will be protected if they come forward to report wrongdoing under this Act. To that end, the Act also provides whistleblower protection for employees of external service providers to ensure that they're protected if they report an offence under the Act. Whistleblower protection for Nova Scotia Government staff already exists under the Civil Service Act.
Mr. Speaker, penalties under the Act include a fine of up to $2,000, or six months imprisonment for malicious disclosure, by employees of public bodies and municipalities. The Act also creates offences for service providers with penalties of up to $200,000 for employees and $500,000 for companies. Under this Act these penalties would become part of any new contract. At the same time, we're working to strengthen our existing contracts with current service providers.
Mr. Speaker, this is a very serious issue and this Act will help ensure that the privacy of Nova Scotians' information continues to be protected. With those comments
I move second reading of Bill No. 16, the Personal Information International Disclosure Protection Act.
MR. SPEAKER: The honourable member for Cole Harbour-Eastern Passage.
MR. KEVIN DEVEAUX: Mr. Speaker, as Justice Critic for the NDP, I'm glad to have a moment or two to speak on this bill. It's an important piece of legislation. I think most people don't understand the implications of the Patriot Act in the United States, which is an acronym for something - it's a long title which I can't remember.
That Act in the United States gives fairly broad powers to the American Government and its authorities, whether it's the FBI or the National Security Agency or the CIA, or whatever. It gives them authority to subpoena information that is controlled by an American corporation, even its subsidiaries, which in my mind is quite invasive of international jurisdiction. So if an ABC database corporation in the United States has a subsidiary here in Canada, and the Nova Scotia Government does a contract with that company, in order to store our data, then the American authorities, under the Patriot Act, have the ability to go in and take that information as they feel - and some of it's personal. It could be welfare information, driver's records. It could be anything, but clearly, there needs to be an opportunity to address this.
This is something our Party has been raising for probably about a year now. We actually were in talks with the former Minister of Justice about some amendments. I'm glad to see this legislation coming forward. It does nothing for the contract we currently have with American corporations and their subsidiaries and I do believe there are one or two out there, and right now that information is available and the Patriot Act allows the Americans to access it. What this will do, is future contracts will result in the ability of - our government, when they sign those contracts, as a legislated statutory requirement, the contract will require that they cannot release that information.
Now, someone asked me when this bill was introduced, well, you know, $5,000 fine, versus the Patriot Act of the United States with huge fines and prison sentences, could mean that they are just going to ignore this Act and take their lumps and do what the Americans ask. The one thing though is, they're going to lose that contract, and if and when we are aware of the release of the information, it is important that we address that.
I think those are the two components I want to put on the record. It isn't just creating a piece of paper, an Act that says it's wrong. It isn't just to create contracts that say you can't do it. There has to be monitoring. There has to be a certain amount of diligence on this government to regularly check to make sure there has not been release of information and, where there has been, then those contracts have to be null and void. They have to be voided, they have to be removed, and we have to do it.
The easy way of doing this is if the government ensured that no American corporation was receiving it. Now, under NAFTA, that isn't necessarily possible unless we do not privatize the management of our databases, and maybe that's the answer. Maybe our government needs to reflect on whether privatizing databases is the right thing to do, because under NAFTA, we can't exclude American corporations or the subsidiaries, and, if we can't exclude them, then we're putting at risk that the information will eventually get into the hands of American authorities, and that's personal information of Nova Scotians. I think that's not what Nova Scotians want. They want to make sure that that data, when they give it to the Nova Scotia Government, is protected.
The only and best way of doing that is ensuring that that information remains in the hands of the government, is not released to an American or any other corporation, Mr. Speaker. If this government, in the short days that it has left, wishes, if this bill passes, to continue that practice, then I think they do need to ensure not only that it's on paper, that it's in future contracts, but there's diligence done on their part, investigating done on their part, and, where required, the contracts are voided to make sure that we tell them we're serious about these implications and that this isn't just a piece of paper that's going to sit on the shelf collecting dust. Thank you.
MR. SPEAKER: The honourable member for Clare.
MR. WAYNE GAUDET: Mr. Speaker, I'm pleased to rise to say a few words on Bill No. 16, Personal Information International Disclosure Protection Act. Our caucus is in support of this bill to move forward to the Law Amendments Committee. We're certainly looking forward to hear what Nova Scotians have to say on this bill. I'm sure at a later date we'll have an opportunity to share more comments on this bill.
MR. SPEAKER: If I recognize the honourable minister it will be to close the debate.
The honourable Minister of Justice.
HON. MURRAY SCOTT: Mr. Speaker, I would like to thank the members opposite for their comments and certainly look forward to the Law Amendments Committee and further dialogue. Just for clarification, the penalties that the honourable member for Cole Harbour-Eastern Passage mentioned, actually for a company, it's up to $500,000, the penalty - so, quite significant.
Anyway, Mr. Speaker, I thank the members and I look forward to the passage of Bill No. 16. I would move second reading of Bill No. 16, Personal Information International Disclosure Protection Act.
MR. SPEAKER: The motion is for second reading of Bill No. 16. 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, we'll do one more bill and then we'll be through the Justice Minister's bills with the exception of the Justice Administration Amendment Act, which is an omnibus bill, and we'll do that one on Monday or Tuesday.
Would you please call Bill No. 19.
Bill No. 19 - Wills Act.
MR. SPEAKER: The honourable Minister of Justice.
HON. MURRAY SCOTT: Mr. Speaker, I'm pleased to rise on Bill No. 19, the Wills Act. I just have a brief few comments on this bill. The Wills Act is being amended to update the Act and bring it more in line with other Canadian jurisdictions. The amendments clarify the effect divorces have on wills. The amendments also clarify the distribution of property located in Nova Scotia, under wills made outside of Nova Scotia.
I'm also pleased that the Act will also permit handwritten wills in this province. This will make preparing a will easier and less costly for Nova Scotians. These amendments respond to the recommendations of the Law Reform Commission and will make it easier for people to ensure their final wishes are fulfilled. There was a significant amount of public consultation on these amendments, and we are pleased to bring them forward at this time. With those few comments, Mr. Speaker, I move second reading of Bill No. 19, the Wills Act.
MR. SPEAKER: The honourable member for Cole Harbour-Eastern Passage.
MR. KEVIN DEVEAUX: Mr. Speaker, I'm glad to say a few words with regard to Bill No. 19, the Wills Act. I'm glad to see that there is some recognition of handwritten wills which, I'm not afraid to say on the record, I actually thought was the law in this province, not that I've been doing a lot of wills and estates, luckily, but clearly is important. I think we're the only province in Canada that still didn't allow them. So
allowing these now, I think, will allow - many people have probably done this with these will kits, too. Many of them may have very well have been filing their handwritten wills thinking they were legal. This bill, if and when it's passed, will ensure that those will now have legal status. I think that's an important thing to recognize. I'm glad to see the work of the Law Reform Commission is being recognized. It's good work; it's work that needs to be continued in this province; it's that kind of non-partisan analysis of the law that's done by the Law Reform Commission that has created a lot of good legislation in this province in the last number of years.
I would encourage the Minister of Justice - and I'll take this opportunity since we're talking about a bill that they helped to create - that we reflect that they need to be in place, we need to continue the work of the Law Reform Commission, it's good work, and I would hope this government would continue to provide its funding, or maybe even increase it, so we can continue to have a non-partisan, legal-based organization that's going to do the analysis and, in many cases, the heavy lifting that this government requires before legislation can be drafted.
We're glad to see this bill go to the Law Amendments Committee and, according to the Government House Leader, we'll be back Monday, so I will be glad to have an opportunity to talk more on this on Monday.
MR. SPEAKER: The honourable member for Halifax Clayton Park.
MS. DIANA WHALEN: Thank you, Mr. Speaker. Again it is my pleasure to rise on behalf of our caucus to say a few words about an Act to Amend Chapter 505 of the Revised Statutes of 1989. The Wills Act. This is an area that clearly needs change, and I was happy to hear that it has been preceded by a good amount of consultation and that in fact the bill itself stems from a recommendation of the Law Reform Commission because that certainly is the kind of authority that we would want to have as we bring forward changes of this nature.
No one knows better than the lawyers in this province the difficulties they may have experienced, because going to a lawyer for a will is probably for most people the only time that they have direct dealings with a lawyer. I think that they do a very good job on our behalf, however it's important that the difficulties they've experienced in their law practices is reflected here.
The fact that a will now written in your own handwriting is considered legal - I have to agree with my colleague, the member for Cole Harbour-Eastern Passage, that I thought that would have been a legal document. It's very important that we do clarify that, because if we don't know that I'm sure there are many Nova Scotians that have, up to this point, been living under a false sense of security, feeling that they had a legal will in place when in fact it would not have been recognized.
I notice also that in the bill it's covering the fact that whether a will was written in our province or without, as long as we are in accordance with the law in force at the time it will be recognized. I think that's important because we have a lot of mobility in our country, people moving between provinces and jurisdictions and if they have drafted the will in another location I think it should be recognized as well. Certainly we're happy to see this move forward and, should the opportunity arise, we would be delighted to debate it further and certainly hear from Nova Scotians through the Law Amendments Committee. Thank you.
MR. SPEAKER: If I recognize the honourable Minister of Justice it will be to close the debate.
The honourable Minister of Justice.
HON. MURRAY SCOTT: I move second reading of Bill No. 19, the Wills Act.
MR. SPEAKER: The motion is for second reading of Bill No. 19. 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, I move that the House do now rise, to meet Monday at the hour of 4:00 p.m. The House will sit from 4:00 p.m. until 10:00 p.m. The order of business following the daily routine will be examination of the estimates. In this Chamber, it will be the estimates of the Minister of Health and, across the way in the Red Chamber, it will be starting off with Agriculture and Fisheries.
I move the House do now rise, and I hope everybody has a great weekend.
MR. SPEAKER: The motion is for the House to now rise.
Is it agreed?
It is agreed.
Would all those in favour of the motion please say Aye. Contrary minded, Nay.
The motion is carried.
We stand adjourned until 4:00 p.m. on Monday.
[The House rose at 10:58 a.m.]
By: Ms. Marilyn More (Dartmouth South-Portland Valley)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas MacAskill's Waterfront Restaurant opened on the second floor of the Dartmouth Ferry Terminal in 1986; and
Whereas the restaurant is renowned for its quality meals, professional service and remarkable view of Halifax Harbour and the Halifax skyline both day and night; and
Whereas MacAskill's is one of many Dartmouth restaurants providing local fresh ingredients and high standards of hospitality for residents, tourists and the business community;
Therefore be it resolved that the Nova Scotia House of Assembly congratulate Alan Johnston, chef and owner of MacAskill's Waterfront Restaurant, and his family on the 20th Anniversary of this downtown Dartmouth signature restaurant and wish them continued prosperity.
By: Hon. James Muir (Education)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Julia McCleave, a native of Halifax, was recently selected by the American Association for the Advancement of Sciences to receive a prestigious Canon National Parks science research scholarship; and
Whereas Julia McCleave, a graduate of St. Mary's University, is currently working towards her Ph.D. in Geography and a university teaching certificate at the University of Waterloo; and
Whereas Ms. McCleave's research has taken her as far away as China and New Zealand, and brought her as close to home as St. Mary's and the Bedford Institute of Oceanography;
Therefore be it resolved that the members of the Nova Scotia House of Assembly congratulate Julia McCleave on her impressive accomplishments, recognize her as a role model for Nova Scotian scholars, and wish her continued success in her studies and research.
By: Hon. James Muir (Education)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Cobequid Educational Centre Cougars won the 2005-06 NSSAF Division 1 Boys Provincial Volleyball Championships held at Sackville High; and
Whereas the Cougars defeated West Kings in three sets in the championship match, ending the Wolverines' three-year reign; and
Whereas the team's success was due to phenomenal team effort, great coaching, and student and family support;
Therefore be it resolved that all members congratulate the CEC Cougars' players; coach, Harvey MacEachern; and team officials on winning the NSSAF Division 1 2005-06 Boys Provincial Volleyball Championship and wish them success in their future challenges.
By: Hon. James Muir (Education)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Meredith Doyle Rink was inducted into the Truro Sport Heritage Society Sports Heritage Honour Roll at its 22nd Annual Sports Awards Dinner; and
Whereas the 1997 Meredith Doyle Rink team included Meredith Doyle, Beth (Roach) Ishair, Tara (Homer) Naugler, and Candice (MacLean) Mittlestadt, along with a dedicated coach in Jim Burgess; and
Whereas the Meredith Doyle Rink represented Canada in the 1997 World Junior Curling Championships in Japan, bringing home a bronze medal;
Therefore be it resolved that members of this House congratulate the Meredith Doyle Rink on its induction into the Truro Sport Heritage Society Sports Heritage Honour Roll.
RESOLUTION NO. 477
By: Hon. James Muir (Education)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Dr. Linda Ferguson received a 2005 Truro Sport Heritage Society Merit Award at the 22nd Annual Sports Awards Dinner for her outstanding contribution to sport over a number of years; and
Whereas Dr. Linda Ferguson, as a former athlete, co-founded a number of medical businesses such as the Colchester Research Group, Colchester Sports Medicine Clinic, the Truro Walk in Clinic, and the Millbrook Family Practice; and
Whereas Dr. Linda Ferguson served as Chief Medical Officer during the Olympic Curling Trials 2006, National Karate Championships 2005, European Cup Skate Canada 2006, Cup of China Skate Canada 2004, Commonwealth Judo Championships, World Junior Hockey Championships 2002, and the Paralympic Games in Torino;
Therefore be it resolved that members of this House congratulate Dr. Linda Ferguson on winning the 2005 merit award from the Truro Sport Heritage Society, thank her for her great contributions to sport development and medicine and wish her continued success.
RESOLUTION NO. 478
By: Mr. Stephen McNeil (Annapolis)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Larry Powell, editor of the Annapolis County Spectator, was honoured at the Atlantic Newspapers Association Conference held May 6th in St. John, New Brunswick and;
Whereas Larry received not one, but two 1st place awards in the category of best local editorial category, and 1st place for best resource story capturing the coveted trophy sponsored by Boyne Clark Barristers and Solicitors and;
Whereas Larry consistently offers his readership strong feature-writing skills about topics that are local and relevant;
Therefore be it resolved that the Legislative Assembly join me in congratulating Larry Powell on his most recent awards and wish him all the best in the future.
RESOLUTION NO. 479
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 Linda Desmond was named the Village of Kingston's Volunteer of the Year; and
Whereas Linda has made ceaseless contributions to the Kingston Legion, a volunteer at Soldiers Memorial Hospital, Meals on Wheels, and the Kingston steer barbecue; and
Whereas Linda has a special place for youth in her life, she coordinates the Call to Remembrance program, and is chaperone to Princess Kingston during Apple Blossom Festival;
Therefore be it resolved that members of this House commend and congratulate her on being Kingston's Volunteer of the Year.
RESOLUTION NO. 480
By: Hon. Carolyn Bolivar-Getson (Environment and Labour)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Bridgewater Minor Hockey program recently handed out awards to its outstanding players; and
Whereas the Lee Whynot Memorial Award is handed out to the young player who obtained the most goal assists during the season; and
Whereas Ryan Nickerson of the Bantam AAA Division won this year's award at the awards night held last month;
Therefore be it resolved that all members of this House send their sincerest congratulations to Ryan Nickerson on his well-earned win; young Nova Scotians continue to excel in all fields, and by recognizing their achievements, we support their growth and the vibrancy of communities across the province.
By: Hon. Carolyn Bolivar-Getson (Environment and Labour)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Bridgewater Minor Hockey Program recently handed out awards to its most outstanding players; and
Whereas the awards were handed out at the Awards Night banquet held in April; and
Whereas the Nigel Jenkins Murray Award for Most Sportsmanlike Conduct in the novice division was awarded to Gavin Kelly;
Therefore be it resolved that all members of this House congratulate Gavin Kelly on his important win; an award highlighting sportsmanlike conduct speaks volumes about strength of character, which is a valuable component to community-based recreation and to the game of hockey, in general.
By: Hon. Carolyn Bolivar-Getson (Environment and Labour)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Bridgewater Minor Hockey Program handed out awards to the most notable players in the program; and
Whereas the awards were handed out in April at the organization's awards banquet; and
Whereas this year's recipient of the L.M. Wentzell Leadership Award for an outstanding contribution to a minor hockey board member went to Brian Wentzell;
Therefore be it resolved that all members of this House congratulate Brian Wentzell on his award and acknowledge the volunteer effort he has contributed to the youth in his community; selfless work like that of Brian's is a cornerstone in youth and community development, alike.
By: Hon. Carolyn Bolivar-Getson (Environment and Labour)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Bridgewater Minor Hockey Program not only handed out awards to its star players, but to its officials as well; and
Whereas the recipient of the Most Improved Official was Chris Moore; and
Whereas Mr. Moore picked up his award at the awards night celebrated in April;
Therefore be it resolved that all members of this House congratulate Chris Moore on his win; support for volunteers like Mr. Moore is paramount as we endorse the work of volunteers in communities across Nova Scotia.
By: Hon. Carolyn Bolivar-Getson (Environment and Labour)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas recently, the Bridgewater Minor Hockey Program handed out awards to the exceptional people within its organization; and
Whereas the Volunteer of the Year Award was handed out to two recipients this year; and
Whereas Donette Getson and Tina Grace were co-winners this year of the award for the time and energy they put into the important youth recreational program;
Therefore be it resolved that all members of this House send their sincerest congratulations to Donette and Tina for their invaluable contribution to the youth in their community; in supporting our youth, they help work towards instilling an appreciation for the notion of community in young people, our most valuable resource.
RESOLUTION NO. 485
By: Mr. Harold Theriault (Digby-Annapolis)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Trask family name has been synonymous with customer service and community involvement for over three generations in Yarmouth; and
Whereas Michelle and Matthew Trask have recently opened an M&M Meat Shop, continuing the Trask family tradition of helping the economy of Yarmouth grow; and
Whereas the Trasks generously donated proceeds from their grand opening to the Yarmouth Boys and Girls Club;
Therefore be it resolved that the members of this House congratulate Matt and Michelle Trask on their new business, and wish them luck on keeping alive the Trask tradition of giving back to the community.
RESOLUTION NO. 486
By: Ms. Diana Whalen (Halifax Clayton Park)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Mainland North Volunteer Recognition Committee held its third volunteer recognition awards dinner on May 4th, 2006, to honour volunteers who are making a difference in our community; and
Whereas Donald Poole was nominated by the Fairview Legion for his many contributions to branch events and fundraising campaigns over the years; and
Whereas this outstanding volunteer raised thousands of dollars in the 1990s for an elevator that was much needed by the aging veterans and, in 2004, he pioneered a closer link with the community by establishing a thriving seniors'club that meets monthly at the Legion;
Therefore be it resolved that the members of this Legislature congratulate Donald Poole, recognize the tremendous contribution he is making to his community and the province, and wish him every success in the future.
RESOLUTION NO. 487
By: Ms. Diana Whalen (Halifax Clayton Park)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas the Mainland North Volunteer Recognition Committee held its third volunteer recognition awards dinner on May 4th, 2006, to honour volunteers who are making a difference in our community; and
Whereas Andrew Jeffrey was recognized for his hard work and dedication as a volunteer with the Fairview Legion, and with many other organizations over the years such as Maplestone Enhanced Care and the Camp Hill Veterans Hospital; and
Whereas this outstanding volunteer was instrumental in founding and developing the Fairview Minor Baseball Association, and in the growth and continuity of the 292 Halifax Fairview Branch 142 Air Cadet Squadron which is closely associated with the Legion;
Therefore be it resolved that the members of this Assembly congratulate Andrew Jeffrey, recognize the tremendous contribution he has made to his community, and wish him every success in the future.
RESOLUTION NO. 488
By: Ms. Diana Whalen (Halifax Clayton Park)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas volunteers are the heart and soul of our communities and their efforts support so many important organizations and activities; and
Whereas Jack Evans received a volunteer award from the Mainland North Volunteer Recognition Committee on May 4th, 2006, for making a real difference in his community; and
Whereas Jack's tremendous support for the residents of Maplestone Enhanced Care led to his nomination for this award by the Royal Canadian Legion Fairview Branch, where he has been an active member for 31 years;
Therefore be it resolved that the members of this Assembly congratulate Jack Evans, recognize the tremendous contribution he is making to his community and the province, and wish him continued success in the future.
RESOLUTION NO. 489
By: Mr. Wayne Gaudet (Clare)
I hereby give notice that on a future day I shall move the adoption of the following resolution:
Whereas Yarmouth has a proud history of excellence in sport and has produced champions in every field; and
Whereas on Saturday the Yarmouth Town & Country Sports Heritage Association held its 9th Annual Hall of Fame Banquet; and
Whereas bowler Joan Baker, golfer Rob Collins, swimmer Bobby Lou Reardon, builder Bruce Hopkins, and the Lions Club Curling Team are Yarmouth's newest Hall of Famers;
Therefore be it resolved that members of this House congratulate all inductees of the Yarmouth Sports Hall of Fame, and congratulate the Sports Heritage Association on the opening of their new museum in Yarmouth.
