4th-36th Vol. 44B-Oral Questions

Introduction of Guests

Madam Speaker: Prior to Oral Questions, I would like to draw the attention of all honourable members to the public gallery, where we have this afternoon thirty Grade 11 students from Garden City Collegiate under the direction of Ms. Torrie Preteau and Mrs. Nancy Roche. This school is located in the constituency of the honourable member for Kildonan (Mr. Chomiak).

On behalf of all honourable members, I welcome you this afternoon.

ORAL QUESTION PERIOD

Duncan Flett

Bail Hearing

Mr. Gary Doer (Leader of the Opposition): My question is to the First Minister (Mr. Filmon). Duncan Flett was previously convicted of manslaughter in the province of Manitoba. He had a hearing on December 16, 1997, where he was alleged to have attempted murder. On that day he was released on bail. Unfortunately and regrettably, the same individual was arrested this last weekend having been alleged to have committed a violent sexual assault.

I would like to ask the Premier: did the Crown attorney oppose the bail on December 16, 1997?

Hon. Vic Toews (Minister of Justice and Attorney General): As this matter is presently before the courts, it would not be appropriate to comment on it. What I can assure the member is that our Crown attorneys, on a consistent and constant basis, ensure that their policies are responsive to the concerns of the public and the issue of public safety. So I know that I was very pleased to see the Crown attorneys issue a memorandum last week outlining the stand that they will be taking in respect of violent and gang-related offences.

Mr. Doer: Madam Speaker, the minister comments on a lot of things except the matters that are accountable directly to the administration of justice and the activities of the Crown attorneys. He can point fingers all over the place except look in the mirror.

I would like to ask the Premier (Mr. Filmon): why did the Crown attorney on December 16, 1997, not oppose bail, a fact that we have verified with both lawyers and listening to the tape? Why did the provincial Crown attorney not oppose bail with the alleged manslaughter that took place on December 16?

Mr. Toews: Madam Speaker, one of the things that we have to be very careful about is the issue of the independence of these Crown officers. They, in fact, perform independent legal duties on behalf of the people of Manitoba. In that particular case, I know that the Crown attorney weighed the situation and determined then, in accordance with the appropriate process, that opposition to the bail may not be successful and would not be successful, and I will not quibble with that type of a decision. It is a difficult decision. I know that what the Crown attorneys have done recently in terms of setting a standard gives additional clarification to all Crown attorneys to ensure that there is vigilance in respect of opposing bail of certain types.

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Crown Attorneys

Operational Review

Mr. Gary Doer (Leader of the Opposition): The minister could not comment on the case, and then he said that the Crown attorney was presuming what the judge would do in terms of the public's safety. I think it is the role of the public Crown attorney to represent the public's interest. The same Crown attorney was quoted as saying: I cannot remember exactly the case. It was a serious one. I have to deal with 70 other cases sometimes on a given day, a point that we have been trying to raise to the Minister of Justice, the former Minister of Justice and the previous Minister of Justice.

We believe the Crown attorneys are stretched to the limit. They do not have enough resources to represent the public's interest in terms of numbers, and I would like to ask the Premier (Mr. Filmon): will he order an operational review of the Crown attorneys' office so the Crown attorneys will have enough resources to represent the public's interest in courts rather than having the spectacle that we see today?

Hon. Vic Toews (Minister of Justice and Attorney General): I do want to indicate that, on an ongoing basis, our Crowns do review the process. I want to point out for the member that our system here in Manitoba is perhaps one of the best in Canada. That does not mean that we cannot improve it. We are constantly looking to improve it, but I simply point to the NDP government in British Columbia where right today thousands of cases are at risk of being thrown out because the NDP government there has refused to provide the appropriate resources to the Crown. So we have been taking very firm steps--

Some Honourable Members: Oh, oh.

Madam Speaker: Order, please. The honourable Minister of Justice, to complete his response.

Mr. Toews: Well, just yesterday, the member for St. Johns acknowledged that the Crown attorneys were doing a good job, and they are doing a good job, and we are not facing the critical situation that they are facing in British Columbia where today, under the NDP government, thousands of cases are at risk of being thrown out.

Duncan Flett

Bail Hearing

Mr. Gord Mackintosh (St. Johns): To the Minister of Justice. This is the minister who likes to point fingers. He is pointing fingers everywhere. He has run out of points on the compass. He points fingers at the Supreme Court of Canada, the Criminal Code, the federal government, and most recently judges whose decisions are often only as good as the information they get, and that is up to the minister's department. Now, at the Flett bail hearing, this government did not oppose bail even though Mr. Flett had a conviction for manslaughter and was facing charges of attempted murder. His victim had been left with permanent brain injury, unable to speak in hospital. Now that is information that this minister surely knew when he attacked judges in the context of that case.

My question to the minister is: will he admit that, while this minister is pointing fingers, looking for scapegoats, he has been dropping the ball, this government has been dropping the ball? That government across the way is a threat to the safety of Manitobans.

Hon. Vic Toews (Minister of Justice and Attorney General): Madam Speaker, again, the member fails to understand the very important independence of the Crown attorneys' office, and he is suggesting that political officials direct prosecutions. That is totally, totally unacceptable. But what I am prepared to say is that the Crown attorneys, the director of Prosecutions and the deputy minister are taking every appropriate step to ensure that the public of Manitoba are safe. We are working together with the police forces to ensure that the public are safe in the streets and in their homes. We as a government are committed to implementing policies such as providing direct funding to our police department so that they can hire additional police officers to be out on the street to ensure that public safety is secure.

Mr. Mackintosh: Would this minister, who only last week issued a memo directing his prosecutors, explain to Manitobans why it is this government, why it is this minister's policy not to oppose bail in cases like the Flett case, and apparently the Crown neglected to tell the court of the manslaughter conviction, and when staff clearly knew of the threat--and I will quote, Madam Speaker, from the transcript where two counsels are overheard saying to each other: you know, I hope he doesn't get drunk and do anything. The other responded: yeah, he's got manslaughter on his record.

Can he explain that policy, Madam Speaker?

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Mr. Toews: Madam Speaker, I know that the Crowns are doing a very good job, and I am not prepared to second-guess the Crown attorney in that particular case. I know that when I served as a prosecutor under the NDP government, we never received the type of support that I believe this government over the past 10 years has supported their Crown attorneys. I, as a former Crown attorney, understand exactly the concerns and the difficulties that they face and that the police face. As a former Crown attorney and a person who believes very strongly in that office, I want to see that all of their concerns are met, and we will continue to meet their legitimate demands for assistance.

Madam Speaker: The honourable member for St. Johns, with a final supplementary question.

Crown Attorneys

Operational Review

Mr. Gord Mackintosh (St. Johns): Will this minister explain why--when caseloads are going up, cases are more complex, this government takes away paralegal support from Crown attorneys and takes a hundred thousand out of the budget last year--is the government rejecting our call for an operational review to make sure that the Crown prosecutors have the supports, the technology, the protocol, the organization necessary to protect the interests and the public's safety in Manitoba?

Hon. Vic Toews (Minister of Justice and Attorney General): Well, Madam Speaker, as a result of an operational review and other reviews such as the Lavoie inquiry, we in fact have provided additional supports, additional computer hardware, additional paralegals, additional advocates for victims. So the thing that the member wants us to embark upon, we have done. We will continue to provide more supports for our Crown attorneys to ensure that they continue to do a good job on behalf of the people of Manitoba. I know that our senior staff review general policies regarding bail and other matters on a regular basis to ensure that we remain responsive to the concerns of the people of Manitoba.

Provincial Court Act

Judicial Appointment Process

Mr. Gary Doer (Leader of the Opposition): Madam Speaker, an independent committee responsible for the judicial appointments has accused this minister of political interference. Mr. Joubert, the president of the Manitoba Bar Association, said it is an affront to the judicial independence here in Manitoba.

I would like to ask the Premier: has his Minister of Justice followed the appointment process for judges as outlined in The Provincial Court Act?

Hon. Gary Filmon (Premier): Madam Speaker, to the best of my knowledge, yes.

Mr. Doer: I would like to ask the Premier: what conditions under such Section 31.(4) of The Provincial Court Act, which allow the Minister of Justice to go back to the nominating committee, which one of the two conditions was met by the government in order for them to propose new candidates to be selected for the purposes of judges? Was it the condition that one of the judges was not able to serve, or was it one of the conditions that any of the people, the seven people proposed, were unwilling to accept the position?

Hon. Vic Toews (Minister of Justice and Attorney General): Madam Speaker, the suggestion that the list was to be expanded to include bilingual candidates in fact was not a suggestion made by me. It was in fact a suggestion made by the chairperson of that committee when she came to see me in respect of this particular issue. She in fact indicated that the legislation enabled her to go back to the committee to seek their consent for further names.

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Mr. Doer: The minister never answered the question. I asked the question about what condition was met under the act. I would like to ask the minister: given the fact that the conditions of the bulletin, the bulletin that was made public, and the other conditions for selection of judges never stated the condition that the minister is stating today, what condition was met for the minister to go directly to the nominating committee under the two sections that are in Section 31 of the act?

Mr. Toews: The suggestion that I went to the nominating committee is not correct. The chairperson comes to see me on that particular issue. The discussion regarding bilingual judges has been a topic that has been ongoing between myself and the chief over a matter of months and so when the--this was an issue that the Chief Judge, as the chairperson of this committee, had discussed prior to this nominating process commencing, and this issue was specifically raised in respect of the community representatives well in advance of the committee meeting, much less considering any specific candidates.

My sensitivity to this particular issue had in fact been heightened by a meeting with Judge Chartier, who is in fact conducting a review of French language services on behalf of the government of Manitoba. The Chief Judge, acting as a chair, was well aware of that particular concern. We have discussed that matter on a number of occasions, and that was certainly central to the thinking both of the Chief Judge and other committee members.

Mr. Doer: Madam Speaker, of course other committee members being Mr. Joubert, who is quite prominent in the Francophone community and the legal community, totally disagrees with the minister and has accused him of political interference in the way that he has not followed the act in the way that judges and the nominating process should work. The nominating committee put seven names forward; the minister had only two conditions to reject the seven names. Those two conditions were not met. Would the minister confirm--[interjection] Well, the Premier (Mr. Filmon) may want to answer this question. Will the Premier confirm that Mr. Joyal and Ms. Elliot were names proposed by the minister to the nominating committee?

An Honourable Member: Madam Speaker, I want to say that at no--

Madam Speaker: Order, please. The honourable minister was not recognized. I apologize; my mike was not on.

Mr. Toews: Thank you, Madam Speaker. At no time did I suggest any names to the Chief Judge in terms of an appointment process. The process is outlined in the legislation, and both I and the chairperson followed that legislation. The issue of a bilingual position came up between our discussions. The chairperson, in response to the concerns that we discussed, in fact provided a solution. I thought it was reasonable and agreed with her suggestion, but I would state at no stage did I suggest any names to the committee, including the chair.

Provincial Court Act

Judicial Appointment Process

Mr. Gord Mackintosh (St. Johns): Madam Speaker, to the Minister of Justice. There is an important law in this province to protect the public from political interference by the Minister of Justice in the selection of judges so judges are not seen as simply accountable to a political party or a particular politician and so courts are not tainted by patronage and bias.

My question to the minister is: two days after the minister talks as if he is interested in doing away with the lingering perception of some unfairness for the old boys thing in the appointment of judges in Manitoba, would he admit that he has, in fact, done the old boys thing, and more yet, he has broken the law, he has rejected seven names that were given to him by the nominating committee, and he told them to go back and recommend two specific friends of his?

Hon. Vic Toews (Minister of Justice and Attorney General): That is absolutely untrue. At no time did I suggest any names to the Chief Judge, and to come from that party where the Leader of the Opposition who was in government and appointed his own sister-in-law to the bench, that is remarkable.

Point of Order

Mr. Gary Doer (Leader of the Opposition): Madam Speaker, when the Law Society had recommended to the government my sister-in-law, I withdrew--

Some Honourable Members: Oh, oh.

Mr. Doer: Hold it. I have a right to answer this question.

I withdrew from all cabinet discussions on the appointment of judges, and my ethics are a lot higher than members opposite who do not even know how to withdraw from the issue of the golden share.

Madam Speaker: The honourable government House leader, on the same point of order.

Hon. James McCrae (Government House Leader): Madam Speaker, we have not heard any grounds for a point of order; we have simply heard from an extremely embarrassed Leader of the Opposition.

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Madam Speaker: Order, please. On the point of order raised by the honourable Leader of the official opposition, the honourable Leader does not have a point of order. It is clearly a dispute over the facts.

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Mr. Mackintosh: Would this minister, instead of pointing fingers as is his habit, Madam Speaker, deal with the serious issue that is of concern and admit that when he tells people that he needed a French judge and a third position, a third judge appointed, he had no authority to do so? The Order-in-Council specifically authorizes the filling of only two vacancies; the ads speak nothing of a bilingual judge. Will he admit that that is simply a ruse, that is, to divert attention from this minister's breach of the rules and the laws of Manitoba?

Mr. Toews: Madam Speaker, what I can indicate is that in fact the appropriate process was followed. This was an issue that we had raised jointly as the Chief Judge and I discussed the matter of the appointment of more French-language capacity on the bench, and the suggestion that was made to me during the course of our meeting was, in my opinion, a reasonable one, and it required the consent of the committee. The committee did not consent to any expansion, and at that point, that matter ended. I will categorically say that at no time did we reject the list of seven.

Madam Speaker: The honourable member for St. Johns, with a final supplementary question.

Mr. Mackintosh: Madam Speaker, a simple question to the minister: he was presented with seven names; why did he not simply accept, make a recommendation to cabinet from those seven names? Who is telling the truth, the president of the Manitoba Bar Association or this minister?

Mr. Toews: Madam Speaker, I cannot comment on the statements of Mr. Joubert as he was never present at any of the meetings between the Chief Judge and I, but I do want to say that I have accurately conveyed the substance of the discussions between the Chief Judge and I on this issue. The committee ultimately makes the determination of the names that come to the minister and then to cabinet, and I want to say that there was nothing inappropriate in that. The committee considered the request made to them, not by me but by the chairperson, and that committee, I understand, rejected that request.

Health Sciences Centre

Bed Availability

Mr. Neil Gaudry (St. Boniface): Madam Speaker, my question is to the Minister of Health. In the last 10 or 12 days I have spent a number of hours at the Health Sciences Centre. I was not snooping around or anything, but I would like to compliment the work and the service that was received at the Health Sciences Centre. I was advised during my visit there that, two weeks ago tomorrow, there were four patients that were admitted and were to be in daycare surgery. They were to be admitted on a long-term basis, but the lack of beds--two of them had to be sent home that evening and to be returned on Monday.

Can the minister advise if he is aware of the situation and what he is doing to rectify the problem?

Hon. Darren Praznik (Minister of Health): Madam Speaker, if the member was at the hospital for personal health reasons or in his family, I wish him or his loved ones all the best and a speedy recovery.

As the member knows, the cases he is probably referring to I do not have specific detail, but I would suspect from his description that they were elective cases and the Health Sciences Centre, in managing its resources, elective are of course not as high priority as urgent and from time to time procedures are bumped. That is part of the management of that system. I can tell him that yesterday we announced here the construction of a 120-bed long-term care facility at Concordia Hospital which will allow for the conversion back to acute care beds of some 60 long-term beds currently housed in that facility. As well, there will be some other announcements coming in the weeks ahead regarding adding bed capacity to the system in Winnipeg which should relieve some of the pressure that he refers to.

Mr. Gaudry: To the same minister: can the minister advise what is happening on a short-term basis at the Health Sciences Centre to look after the problem of lack of beds?

Mr. Praznik: The issue around bed management, there has been a great easing of the pressure that took place on the system this winter. In the reports that I have received from the Winnipeg Hospital Authority, hospitals are now managing far more around their normal rate, but in any large institution like the Health Sciences Centre that is our major trauma hospital, any particular events or any emergencies that arise from time to time can put pressure on that system and change the mix. There is always usually some wait for people waiting for elective procedures, and I am not aware of the type of surgery of which he speaks, but we all know that people on the list, for example for elective heart surgery, may in fact have it postponed if an urgent case comes up. So those are the kinds of situations that have always been part of our health system, and we do recognize the need to take some stress off our bed situation. That is why we have committed to over 500 additional personal care home beds in this year's budget.

Health Care Facilities

Food Services--Privatization

Mr. Neil Gaudry (St. Boniface): To the same minister, Madam Speaker: in regard to the kitchen facilities: can the minister advise what number of jobs will be lost when the changeover happens at the Health Sciences Centre?

Hon. Darren Praznik (Minister of Health): Madam Speaker, as we have discussed in Estimates during the course of Estimates debate--and I know that all members cannot be in each committee because we are running three committees--but the Urban Shared Services have indicated that they are working with the human resources people in each facility and between the new jobs that are available, the voluntary separation incentive that many employees are availing themselves of, and the additional resources that were put into retraining and matching those employees with other job opportunities in the hospital system, they are still on track to have zero layoffs in this particular process throughout the system.

Brandon General Hospital

Physician Resources--Pediatrics

Mr. Leonard Evans (Brandon East): Madam Speaker, I have a question for the Minister of Health.

There is indeed rising anxiety and concern in the community of Brandon regarding the decision of Brandon doctors not to deliver babies at the Brandon General Hospital starting tomorrow. The doctors believe the Brandon General Hospital is unsafe due to the lack of pediatric services, and I can assure the minister that there are very strong feelings on this issue among the doctors.

So I ask: why has the Minister of Health allowed this situation to develop to a crisis stage when the problem has been known for over a year, and has the government a plan to deal with the crisis situation that is on our doorsteps and beginning tomorrow? Expectant mothers and their families want action now, Madam Speaker.

Hon. Darren Praznik (Minister of Health): Madam Speaker, I want to thank the member for Brandon East for raising this particular issue. I know the member for Brandon West (Mr. McCrae) and I have been working on this diligently over the last while. The word that the member uses with respect to a crisis is, I would suggest, not accurate. What we have is a strike. We have a labour dispute.

I would like to table for the information of the member a letter, that he quite likely has not seen, from the College of Physicians and Surgeons that indicates very clearly that the obstetricians in Brandon are perfectly safe and able to continue to carry out the nonemergency or nonhigh-risk births in the city of Brandon, that they are perfectly capable of doing that which accounts for approximately 60 percent of the births. So there is no medical reason for the stoppage on those low-risk births tomorrow.

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Mr. L. Evans: Well, will the minister then, in view of his last reply, Madam Speaker, advise if he will take steps to resolve or somehow mediate the situation since it appears that he is prepared to treat the withdrawal of services as a form of strike action? I want to ask the minister: does he realize that Brandon is in an extreme crisis situation now that more doctors may be leaving, including obstetricians, and that the hospital may be more incapacitated in the very near future if some resolution is not found to this situation?

Mr. Praznik: Madam Speaker, first of all, about a year ago at this time we went through very much the same situation with respect to emergency services at Brandon--and I know the member for Brandon East will recall that time--and we had a strike in the emergency room. We had all kinds of requests for band-aid solutions to a problem. It was our position then that we had to address these issues on a province-wide basis in a fair and methodical way.

The result today is that Brandon now has the best emergency medical service it has ever had in its history--it has four full-time emergency doctors--and it is our intention to do the same thing in pediatrics. I am pleased to inform the member that we have authorized up to four positions in Brandon on contract between $185,000 and $205,000 a year contract range, which is about $30,000 more than pediatricians in Winnipeg.

Given the fact that we have not detected any interest in the MMA solving this particular issue, in this instance we unilaterally will be increasing fees for obstetrics some, I believe it is 20 percent over the next three years in certain categories, and we announced that today.

Mr. L. Evans: Well, Madam Speaker, very briefly: is this minister telling us that there is parity or better than parity between Winnipeg and Brandon, because the doctors have a sense of injustice in terms of the compensation, and they believe they are not being treated fairly and that there is not parity, and that is the basis of the problem that has arisen so far?

Mr. Praznik: Madam Speaker, just by way of background, the Manitoba Medical Association told us very clearly months ago that this would be a place where they would actually turn on the heat in their general issue. So I think that puts the context of which we all may be used as part of their bargaining tactics. But let us remember that Brandon physicians in all categories of the fee tariff, if I remember correctly, have a 2.5 percent premium over Winnipeg today. As well, with the contracts for pediatricians, we have authorized those contracts, because Brandon does need four pediatricians, in a contract range of $185,000 to $205,000 per year, which is about $30,000 more than the average billings of pediatricians in Winnipeg. So, yes, Brandon and those rural points with that service are receiving higher remuneration, or will be, than their counterparts in Winnipeg.

Provincial Court Act

Judicial Appointment Process

Mr. Gary Doer (Leader of the Opposition): I would like to again ask the Premier, who said that he is confident that the Minister of Justice (Mr. Toews) did not interfere in the judicial appointment process, as stated and articulated by the president of the Bar Association of Manitoba--another member of the committee for judicial appointments was Colleen Suche, a person who is a representative of the Law Society of Manitoba, a person appointed by this government and respected by this government to carry on many functions on behalf of the public here in Manitoba, a person whose word is trusted in terms of the people of this province. I would like to ask the Premier: did he contact Colleen Suche, another member of the committee, to see whether Mr. Joubert is telling the truth about political interference of the minister, or the minister is?

Hon. Gary Filmon (Premier): Madam Speaker, I think the point that the member opposite should be aware of is that neither Ms. Suche nor Mr. Joubert met or talked with the Minister of Justice on this issue. So whatever it is that they are commenting on is something that they are alleged to have been told by somebody else. There is absolutely no evidence or indication that they met with--so how did he interfere with their actions when he did not talk to them or see them? That is the preposterous thing that we are having brought here by way of innuendo and hearsay.

Minister of Justice

Removal Request

Mr. Gary Doer (Leader of the Opposition): Madam Speaker, Colleen Suche is a person on the committee who has been working for months on the selection process, appointed by the government. The committee proposed seven names to the government early this week. Then they were given messages and instructions back from the minister. We have the president of the Bar Association calling on the Minister of Justice (Mr. Toews) for political interference.

I would like to ask the Premier if Colleen Suche also says that the minister intervened and interfered in the process of selecting judges. Will the Premier do the right thing and fire the Minister of Justice?

Hon. Gary Filmon (Premier): Madam Speaker, the member, representing the presumed comments of the various individuals from the committee that he has now referred to, one and possibly a second, alleged that the government through the Minister of Justice had rejected the seven names that were submitted to him. That is patently wrong. So now, based on false information and wrong information, he is trying to create some other kind of issue here. I suggest to him that rather than deal with innuendo, rather than deal with rumour, he ought to deal with facts and not bring forth false allegations to this Legislature.

Minister of Justice

Independent Investigation

Mr. Gary Doer (Leader of the Opposition): Madam Speaker, we have the president of the Bar Association accusing the Minister of Justice of political interference. We have other individuals on the selection process very concerned about the judicial independence or the process of the Minister of Justice and what he did with the seven names that came forward from the nominating committee. I would like to ask the Premier today, if he is interested in facts: will he bring Ted Hughes into Manitoba and investigate--

Some Honourable Members: Oh, oh.

Mr. Doer: I know you are afraid to investigate the word of the Minister of Justice. Why are you afraid to bring Ted Hughes in to investigate the integrity and the word of the Minister of Justice? Are you just afraid that he will find out that the Minister of Justice did interfere with the judicial appointment process, and that would become clear with an independent investigation?

Hon. Gary Filmon (Premier): Madam Speaker, it has been demonstrated that the member opposite is dealing with hearsay and innuendo. The minister did not meet with either of the individuals that he is referring to, and he did not speak with them. He did not meet with them. Based on that, we are supposed to have an independent inquiry by Ted Hughes. This is absolute nonsense, and the member ought to know better than coming here and going on a wild goose chase based on innuendo and rumour.

Madam Speaker: The honourable Leader of the official opposition, on a new question.

Mr. Doer: It is not innuendo and it is not rumour when the representative from the Bar Association accuses--who has been sitting--a representative of the government's nominating committee has gone public and accused the Minister of Justice of political interference. It is a major allegation. It is not a rumour. It is a strong allegation from the head of the Bar Association. Further, Madam Speaker, we have other comments made from the Law Society that have similar words.

I would like to ask the Premier: why is he afraid to have an independent review? Why is he afraid to have the nominating committee, including the Chief Judge of Manitoba, review the process that took place from last Friday, Monday, Tuesday and Wednesday of this week that led to very prominent members of the government's own nominating committee accusing the government of political interference in the selection of judges here in the province of Manitoba?

Mr. Filmon: Madam Speaker, the member opposite knows that the individuals to whom he is referring have not spoken with the Minister of Justice, nor met with the Minister of Justice. Knowing that, how can he possibly make this allegation with any confidence? Unbelievable. Unbelievable.

Provincial Court Act

Judicial Appointment Process

Mr. Gord Mackintosh (St. Johns): To the Minister of Justice: would the minister, who now changes his line from what appears in the media this morning where he said he, that is the minister, contacted Webster, not the other way around like he just said this afternoon--he contacted Webster, the Chief Judge, and asked her if there were any qualified bilingual candidates, and if so, would the committee, he asked, consider adding them to the list? He said he would recommend such a person to cabinet for an appointment.

When was he telling the truth, Madam Speaker, to the reporter yesterday or in the House now, or are they both lies, are they both ruses, I ask the minister?

Some Honourable Members: Oh, oh.

Madam Speaker: Order, please. I would ask that the honourable member for St. Johns withdraw the word "lies." It was made in direct reference to the Minister of Justice.

Point of Order

Mr. Daryl Reid (Transcona): Madam Speaker, on a point of order. I think if you will review Hansard, you will see very clearly that the statement made by the member for St. Johns was in reference to statements, had no reference to any member of this Legislative Assembly; therefore, I ask you to take this matter under advisement and review Hansard in this regard.

Madam Speaker: I will take the matter under advisement to peruse Hansard and the written record to see the context in which the member's words were spoken.

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Hon. Vic Toews (Minister of Justice and Attorney General): You know, here the member has specifically attributed words to me that are not in quote, and he specifically did that and misled this House by not even suggesting that those were not even my words, and they were not my words. I can indicate that the judge came as a chairperson of that committee to my office on Monday with the list. The list has never been rejected by this government. That process continues, and I have absolutely no faith in the ability of that member to communicate the accuracy of what occurred on that day.

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Mr. Mackintosh: Madam Speaker, then I quote from a quote, his own quote in the Winnipeg Free Press this morning. He said, "I needed a French judge . . ." He needed a French judge, not the Chief Judge of Manitoba. When was he telling the truth?

Mr. Toews: We have in this province two provincial judges who are bilingual French and English. One of those judges is going on a leave of absence. Another one of those judges is conducting a review of French language services which we know will impact on our ability to deliver French language services in court. The member would be the first to come to this House if we could not provide the adequate, constitutionally required French language services in a trial, and if that case was dismissed, I would get the blame. Yes, Madam Speaker, I need a French language judge and the people of Manitoba need a French language judge.

Madam Speaker: Order, please. Time for Oral Questions has expired.