LEGISLATIVE ASSEMBLY OF MANITOBA

Thursday, December 10, 1992

 

The House met at 1.30 p.m.

PRAYERS

           

ROUTINE PROCEEDINGS

 

READING AND RECEIVING PETITIONS

 

Mr. Speaker:  I have reviewed the petition of the honourable member for Crescentwood (Ms. Gray).  It complies with the privileges and the practices of the House, and it complies with the rules (by leave).  Is it the will of the House to have the petition read?

            To the Legislature of the province of Manitoba

            WHEREAS each year smoke from stubble burning descends upon the province of Manitoba; and

            WHEREAS the Parents Support Group of Children with Asthma has long criticized the harmful effects of stubble burning; and

            WHEREAS the smoke caused from stubble burning is not healthy for the general public and tends to aggravate the problems of asthma sufferers and people with chronic lung problems; and

            WHEREAS alternative practices to stubble burning are necessitated by the fact that the smoke can place some people in life‑threatening situations; and

            WHEREAS the 1987 Clean Environment Commission Report on Public Hearings, "Investigation of Smoke Problems from Agriculture Crop Residue and Peatland Burning," contained the recommendation that a review of the crop residue burning situation be conducted in five years' time, including a re‑examination of the necessity for legislated regulatory control.

            THEREFORE your petitioners humbly pray that the Legislative Assembly will urge the government of Manitoba to pass the necessary legislation/regulations which will restrict stubble burning in the province of Manitoba.

 

TABLING OF REPORTS

 

Hon. Rosemary Vodrey (Minister of Education and Training):  Mr. Speaker, I am pleased to table the Annual Report 1992 for the University of Manitoba.

Hon. James Downey (Minister responsible for and charged with the administration of The Communities Economic Development Fund Act):  Mr. Speaker, I am pleased to table the Communities Economic Development Fund Report for the year ended March 31, 1992.

Hon. Clayton Manness (Minister responsible for the administration of The Crown Corporations Public Review and Accountability Act): Mr. Speaker, a number of quarterly reports, many of which have been made public previously, so I am formally tabling:  the First Quarterly Report of the Manitoba Liquor Control Commission ending June 30, the Third Quarterly Report of the Manitoba Public Insurance Corporation ending July 31, and the First and Second Quarterly Reports of the Manitoba Hydro‑Electric Board.

 

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Introduction of Guests

 

Mr. Speaker:  Prior to Oral Questions, may I direct the attention of honourable members to the gallery, where we have with us this afternoon, 16 student council members from the Silver Heights Collegiate.  These students are under the direction of Dr. Hogue.  This school is located in the constituency of the honourable member for Sturgeon Creek (Mr. McAlpine).

            Also this afternoon, we have twenty‑five students, Grades 9 and 11, from the Faith Academy School.  These students are under the direction of Mrs. Cindy Doroshuk.  This school is located in the constituency of the honourable member for Kildonan (Mr. Chomiak).

            On behalf of all honourable members, I would like to welcome you here this afternoon.

 

ORAL QUESTION PERIOD

 

           

Health Care Facilities

Pediatric Bed Closures

 

Mr. Gary Doer (Leader of the Opposition):  Mr. Speaker, last year I asked the Premier (Mr. Filmon) a number of questions on the specific reductions in beds that were contained within the government's planning, and the Premier refused to answer the question.  Subsequent to that, we proposed a motion on the floor of the Estimates of the Department of Health.  Unfortunately, the government defeated a motion to have the specific decisions of cuts that would be juxtaposition to the so‑called reform in the reform package so that we could have an intelligent debate about the so‑called plan of action.  Unfortunately, the government defeated the motion supported by the Liberals last May.

            Subsequent to that‑‑[interjection] Do not be touchy, do not be touchy.  Subsequent to that, Mr. Speaker, the Minister of Health announced some 34 bed closings for children's services and that number has grown.  Our information is that there will be 17 consolidated new beds at the Children's Hospital and that will be combined with cutbacks of 48 beds at St. Boniface Hospital, between six to 10 beds at the Misericordia Hospital for children, between 10 and 11 beds at Grace Hospital, for a net loss for children of about 50 beds.

            I would like to ask the Premier (Mr. Filmon):  What is the government's impact study on the number of beds that will be lost to children in the city of Winnipeg?  How many beds are there going to be lost, the number that the minister gave out two or three weeks ago or the number that hospitals are communicating to the public today?

Hon. Donald Orchard (Minister of Health):  Mr. Speaker, I appreciate my honourable friend's sudden interest in this issue.

            Let me indicate to my honourable friend that some of the information he is putting on the record is accurate information, but let me give my honourable friend some background as to how we have been working to arrive at these kinds of decisions which are system‑wide in their nature, not driven by individual hospital's desires, et cetera, but rather driven across policies that apply across the system which delivers health care to a little over one million people in Manitoba, including children.

            First of all, my honourable friend would be interested in knowing that at St. Boniface Hospital, a number of beds were to be retired and an Urban Hospital Council decision based on recommendations from October of 1991 have further, Mr. Speaker, led to the consolidation of children's pediatric beds and services at Children's Hospital.  The reason for that‑‑and St. Boniface I will deal with directly since my honourable friend raised it‑‑is because at St. Boniface Hospital the occupancy rate of those 48 pediatric beds was approximately 35 percent.  So I think it is easy to see that there were probably in excess of 30 empty beds for pediatric service at St. Boniface.

            At the same time, Sir, we had Children's Hospital, which has been in operation for some 10 years as a centre for excellence for pediatric care, to care for the children of Manitoba.  There have been 11 beds since it opened in 1982 that have never been brought into service because there were other pediatric programs across the province.  With consolidation those 11 beds we expect will come into service and adequately replace all of the pediatric services that are currently occurring in several other hospitals and bring it to a centre of excellence, Children's Hospital in Winnipeg.

 

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Mr. Doer:  Mr. Speaker, this is the problem in this debate.  We had announcements last May; we had asked for specific information last June; we asked for specific information from the Premier (Mr. Filmon) last year, who would not give us that information.

            I do not know whether this is a government‑wide initiative led by cabinet or just the Minister of Health, because we cannot get any answers from the Premier, just the same way as it happened in Brandon two weeks ago in dealing with the Mental Health Centre on the open‑line shows.

            We want to know what the overall picture is and what the impact is going to be, because we have a lot of people at the line level, a lot of volunteers at the line level who are worried about the impact on children of the consolidation of 17 beds at the Health Sciences Centre being opened and some 67 beds being closed for a net reduction of 50 beds in the system.  If those numbers are wrong, we would have asked the minister to provide those before to us so we could operate out of the same set of figures that he must have somewhere in his files.

            Mr. Speaker, how can the government make an announcement two or three weeks ago and have the numbers change so radically three weeks later?  Is it a result of the budget decisions that are trickling down into the health facilities, and what impact will this have on the children of Winnipeg in terms of 50 less beds for the children of Winnipeg who are absolutely requiring these beds and services from our health care system?

Mr. Orchard:  Mr. Speaker, my honourable friend touched on the issue of how these changes will be able to meet the medical needs of children in the province.  That is exactly what we have been dealing with with the Urban Hospital Council and professionals across the health care system to assure that decisions made will provide good quality health care for those children in Manitoba, in this case, who need that health care.

            My honourable friend should understand that while St. Boniface's pediatric unit was occupied at approximately 35 percent, the Children's Hospital was being utilized, bearing in mind 11 beds that have never been brought into service, six beds that were not used currently at Health Sciences Centre Children's Hospital, the occupancy rate was under 70 percent, 69.5 percent, to be exact.

            Mr. Speaker, with the commissioning of the additional beds, we are able to provide the services to children from St. Boniface, from Misericordia, from Grace and from the other hospitals and only have, Sir, an occupancy rate based on past experience of 79 percent at Children's Hospital.  We can assure those kinds of needs for services to children will be met in the new configuration and what better place than‑‑

Mr. Speaker:  Order, please.

Mr. Doer:  There are people and volunteers at the line level who believe that this reduction of 50 beds for children will have a profound impact, a negative impact, on the health services available for our children in the province, so we ask the minister to table his studies on this, because his numbers keep changing from his own press conference three weeks ago to our questions that our Health critic asked two weeks ago.  They keep changing and changing.

            A further question to the Minister of Health, and we are trying to be as accurate as we get from the community, Mr. Speaker, because the minister will not table his material:  We have been informed that the children's rehab centre, which had 20 beds, have had those beds closed, the beds that are for residential beds for children needing rehabilitation, and that they are going to change those 20 beds into day programs.  We have been further informed that there has been no financial decisions made by the government about funding those day beds in terms of those children.

            Has the minister got the impact study of what those additional 20 beds lost to the system will mean, and what impact will it be on children in terms of the day program?  Is there funding in place for all those people in terms of those children who could be adversely affected again by the changing numbers that we keep getting from the Minister of Health (Mr. Orchard), we think, more on the basis of cutbacks than on the basis of reform?

Mr. Orchard:  Mr. Speaker, again my honourable friend does not seem willing or able to acknowledge that with the consolidation of pediatric programs from all of the hospitals currently providing that service, with significantly underutilized pediatric wards in all of the hospitals‑‑35 percent utilization at St. Boniface‑‑even with that consolidation to Children's Hospital, the occupancy rate will be 79 percent.  That is sufficient capacity in one institution, which is our centre for excellence for children's health care.

            Mr. Speaker, my honourable friend uses the concerns of volunteers.  Maybe my honourable friend should carefully consider the statement of the acting director of Children's Hospital who said:  Children's health care will be met at Children's Hospital, and all the needs will be met there because they have the expertise, the ability and the capacity.

            Now, let me deal with children's rehab centre.  Yes, Mr. Speaker, the occupancy rate there was approximately 15 percent; in other words, of 20 beds, there may have been two, three or four occupied at any given time.  Sir, those services again for inpatient can be provided with the existing capacity at Children's Hospital.

            Surely my honourable friend would not argue against the enhancement of outpatient services, community‑based services out of the rehab hospital.  That is health care reform.

 

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Mental Health Care System

Community‑Based Services

 

Ms. Judy Wasylycia‑Leis (St. Johns):  Another example of this government's health care cutbacks and total absence of any kind of reform is in the area of mental health.  After four years of talk, all we have got from the minister is today the opening or, should I say, the warmup act for the official opening of a new institution, the psych health services building, and we have got reports from the minister about bed closures, but nothing, absolutely nothing, on specifics about community‑based alternatives.

            I would like to ask the minister if he will be totally forthcoming with the people in this Legislature and outside the Legislature about the exact number of beds being cut from Winnipeg hospitals, and will he provide us with the details of some alternatives when it comes to community‑based mental health reform.

Hon. Donald Orchard (Minister of Health):  Mr. Speaker, if my honourable friend had been present at the official opening today of the psych health building, she would have heard from myself, as well as from officials there, that the new building is very much a part of community mental health services because, Sir, part of the regime of care at the new psych health building is office and central location for 13 workers delivering community mental health services in the core area based out of that facility and working in the community, Sir.

            In addition to that, Sir, that facility provides inpatient care for adults, for adolescents, forensic care and teaching roles which were not able to be adequately delivered in the old facilities.

            In addition to that, Sir, there is provision for space for a mobile crisis team, community‑oriented mental health service to deliver care in the community.

            In addition to that, Sir, I will provide more information after the next question.

Ms. Wasylycia-Leis:  What the minister has just said is shocking and appalling.  He is saying community‑based services are going to be housed in an institution.

            Mr. Speaker, I want to ask the Minister of Health (Mr. Orchard), since all the research in the field shows that it is absolutely imperative for community‑based services to be in the community, accessible to people and not in threatening institutions, will he give this House assurances today that any community‑based alternatives he is developing, and goodness knows we are desperately anxious to see some details, will he assure us that those services will not be housed in the new psych health services building?

Mr. Orchard:  Mr. Speaker, I am absolutely astounded at my honourable friend's lack of knowledge.  My honourable friend is saying that community mental health workers working with citizens in the core area do not need a base to operate from.  Are they expected to operate from a corner of the street?  No, they need office space, and, Sir, that office space is part of‑‑[interjection] Well, my honourable friend says they do not. Well, maybe that is her idea of how you provide services, that you do not have a home base to operate out of.

            Mr. Speaker, I am sure that the community support groups, the support group of manic depression, of schizophrenia would be very, very offended by my honourable friend's comment that they should not be part of the psych health building, because again, as consumer support groups, both of those groups are going to have offices in psych health to help the people who are there become part of the community again in must faster order.

            My honourable friend's comments would offend those organizations who are‑‑

Mr. Speaker:  Order, please.

 

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Ms. Wasylycia-Leis:  Mr. Speaker, the minister has recommendations on his‑‑

Mr. Speaker:  Order, please.  The honourable member for St. Johns, kindly put your question please.

Ms. Wasylycia-Leis:  Let me ask the minister once more if he will tell us and the people of Manitoba.  What exactly are the numbers of psychiatric beds being cut from Winnipeg hospitals, at which hospitals, and what specific new community‑based alternatives he has arrived at by virtue of the fact that his own department has said the final alternatives for community‑based alternatives must be put in place by December 1992?

Mr. Orchard:  Mr. Speaker, let me deal with two of the issues my honourable friend has raised.  I hope to be able to provide her with some comfort in these answers.

            Mr. Speaker, I think it was in June of this year that we accepted the Urban Hospital Council recommendation to replace the inpatient services at Misericordia Hospital with a range of outpatient services.  That involved 22 beds at Misericordia Hospital be taken out of service.

            Subsequent to that, in terms of the first phase of the reform document‑‑and here I will have to stand corrected on the number, but I believe St. Boniface Hospital has indicated that they would take from service 24 of their psychiatric beds.  Mr. Speaker, we have agreed with that.

            Mr. Speaker, none of those beds have been taken out of service as we speak.  When they are taken out of services, the range of community supported alternatives will be in place, like mobile crisis team, housed in the new psych health building, like community mental health workers, 13 of whom will be home based out of the psych health, like additional funding to our self‑help groups that we announced some six weeks ago, much to the light of those self‑help groups.

Mr. Speaker:  Order, please.

 

MATTER OF PRIVILEGE

 

Ms. Judy Wasylycia-Leis (St. Johns):  I would like to rise on a matter of privilege, and I will make a motion following my comments.

            Mr. Speaker, today and in the past we have consistently been confronted with a minister who will not provide the same information to elected members here in this House as he is willing to provide to some groups and individuals outside of this House.  We have heard examples today with respect to pediatrics. Today, I have asked very specific questions about information pertaining to bed closures and details of alternative plans.

            Mr. Speaker, I will table as evidence, in making this motion of the minister's disregard for the rights and privileges of members in this House and his callous treatment of our democratic principles, I will table material that his department has been circulating among select groups in our communities about the psychiatric bed closures, clearly spelling out the exact numbers of beds being closed at St. Boniface, at Misericordia and at Grace, and that number totals 60.  It is our concern‑‑

Some Honourable Members:  Oh, oh.

Mr. Speaker:  Order, please.

Ms. Wasylycia-Leis:  This is not a question of unsatisfactory answers.  This is a question of privileges of members in this House being denied and our democratic principles eroded.

            I would, therefore, like to move that the matter of discrepancies and the matter of withholding of information that is available to the public and provided to the public by the Minister of Health is dealt with, that the breach of our privileges is considered in this regard and that the matter in fact be dealt with by the Committee on Privileges and Elections.

Hon. Clayton Manness (Government House Leader):  Mr. Speaker, I refer you to Beauchesne's 415 which says, "A question of privilege or point of order raised during the Question Period ought to be taken up after the Question Period, unless the Speaker considers it to be an extremely grave matter."

            I also refer to Beauchesne's Rule 416 (1) which says, "A Minister may decline to answer a question without stating the reason for refusing, and insistence on an answer is out of order, with no debate being allowed."  This is the key point.  "A refusal to answer cannot be raised as a question of privilege."

            Mr. Speaker, this is totally out of order.  You cannot even listen to a request for privilege in a case like this.  It is out of order at this time.

 

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Mr. Steve Ashton (Opposition House Leader):  Mr. Speaker, the government House leader should perhaps also be aware that Beauchesne's is very clear that a question of privilege must be brought to the attention of the House at the first possible opportunity.  That is Beauchesne's Citation 115.

            We have had matters of privilege raised in this House, Mr. Speaker, prior to Question Period, during Question Period and after Question Period, so that in and of itself is hardly sufficient to negate a matter of privilege.

            Also, I would point out to the member that it is not a question‑‑and also to the Premier (Mr. Filmon), who seems to wish also to act as Speaker at times in this House‑‑that the matter she raised was not in regard to inadequate answers.  We know on this side, we would be up on a daily basis if we were able to raise matters of privilege in terms of inadequate answers, particularly from the Minister of Health (Mr. Orchard).

            What she raised as a matter of privilege, Mr. Speaker, I think is very indicative of the increasingly arrogant attitude of this government in providing information outside of this House and refusing to provide that information to members of this House including when that information is asked for in Question Period. The member for St. Johns (Ms. Wasylycia‑Leis) just asked once again for some very straightforward information.  The kind of information she was asking for was provided outside of this House to other individuals.

            I say, Mr. Speaker, your ruling as to whether this is a prima facie case of privilege, I think you should address the question of what role this Legislature plays when one has a government that is so arrogant they will not provide information on fundamental important public issues such as health to members of the opposition.  That should be a matter of privilege.

Mr. Kevin Lamoureux (Second Opposition House Leader):  Mr. Speaker, Beauchesne's and through the rules we will see that interference of any kind with the official duties are breaches of privilege of any member.  I think it is primarily your responsibility to ensure that in fact there was no deliberate withholding of information that MLAs of this Chamber should have had.  One would like to believe all ministers and members are honourable, that their intentions are good and that information that is necessary for all of us to be able to have in a very open process, that we should do away with the games playing.

            It is more important that this information, because it is in fact a privilege that we do have inside this Chamber, is provided for us, so my opinion, Mr. Speaker, given the seriousness of this particular matter of privilege, is that you take it under advisement and come back with whether or not you believe that this is in fact a deliberate withholding of information that in fact MLAs would be entitled to.

Mr. Speaker:  I would like to thank all honourable members for their advice on this matter.  Indeed, as I have done in the past, I will take this matter under advisement, consult with the authorities and come back to the House with a ruling.

 

Health Care System

Information Release

 

Mr. Gulzar Cheema (The Maples):  Mr. Speaker, my question is for the Minister of Health.

            Mr. Speaker, the health action plan has the right goals, but a flawed process can undermine even the best intentions.  The normal newsletter of the MMA reports of a meeting between the MMA and the Deputy Minister of Health.  It reports that the Deputy Minister told the MMA that the government has various studies which will outline the number of bed closures, but these studies will not all be released to the public and the physicians.

            Mr. Speaker, we want the health action plan to succeed. People are concerned, but we want the minister to tell us why, when the beds are being closed, the information is not being made public.

 

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Hon. Donald Orchard (Minister of Health):  Well, Mr. Speaker, the information is being made public.  That is why we had, first of all, the action plan which identified a number of beds which were going to be closed to two teaching hospitals.  Subsequent to that, last month, we identified the nature of 264 of those beds in a very open process.  In addition to that, in approximately May of this year, we indicated to the House that we were accepting the Urban Hospital Council recommendation, for instance, on the closure of the psychiatric beds at Misericordia and replacement with community‑based services.

            That is the question my honourable friends have been asking me, and every step of the way, we have been providing them with as much advanced notice on decisions around bed closures and refocusing of the services as we can.  That was the process a month ago.  The process yesterday was on the complete consolidation of pediatrics.

            Mr. Speaker, there are no hidden agendas when we have the information that we can share with integrity, when we are assured that we are going to be able to deliver those services adequately in the system in a reconfigured bed structure, community service alignment structure.  We make the announcements and announce the intentions to retire from service certain beds.  That has been the most open process in Canada.

 

Pediatric Bed Closures

 

Mr. Gulzar Cheema (The Maples):  Mr. Speaker, we would like to believe that, but that is not the case.  It is a very serious matter when the minister is saying the process is open when one of the deputy ministers would go to a meeting and would tell them it is not open.  It is a very serious matter.  We want him to succeed, but people must know how the services are going to be delivered.

            Can the minister tell us how the services in the Children's Hospital are going to be delivered as an outpatient as well as the relocation of other resources when we are dislodging so many patients, which everyone thinks is a good plan, but we must have the right answer to implement that plan?         Hon. Donald Orchard (Minister of Health):  Mr. Speaker, on the specifics of the pediatric beds, I simply want to give my honourable friend as much assurance around this issue as I can because, Sir, you have to appreciate that this was a topic that the Urban Hospital Council gave consideration to.  Mid‑year last year, it was agreed that there was an opportunity for consolidation of pediatric services to Children's Hospital.

            Subsequent to that, the CEOs and the caregivers have analyzed the opportunity to consolidate to Children's Hospital.  They believe that they can offer the quality services in at least as fine a fashion as was currently provided at other hospitals, entirely at one centre of excellence, namely, Children's Hospital.  That, in essence, is what the acting director indicated in the media yesterday, because as the director of that Children's Hospital facility, she has every confidence that they can meet the children's in‑patient needs in children who have currently been carried out in several other facilities.  That is why I accepted the recommendation.

           

Bed Closure

Protocol

Mr. Gulzar Cheema (The Maples):  Mr. Speaker, many experts in the field are not questioning the goals of the minister.  They simply want more information.

            Mr. Speaker, one of the recommendations in the health action plan was to put protocols in place six months prior to closing of beds.  Can the minister tell us today, where are those protocols?  At least, patients should know what kind of services they are going to receive, where they are going to go, and more importantly, people who are going to deliver services have to know how they are going to be functioning.

Hon. Donald Orchard (Minister of Health):  Mr. Speaker, let me deal with that in two parts.

            First of all, emergency services at hospitals will still be able to provide emergency care to children if presenting at various community hospitals, including the teaching hospital, St. Boniface.  The only service that is being consolidated to one centre of excellence is the in‑patient services, the actual services that require the admission to an acute care bed.

            Mr. Speaker, I have every confidence that the protocols that have been used for admission across the system for children will serve the admission needs of children in one centre of excellence, Children's Hospital.  We in fact, with that facility can meet the longstanding goal of providing excellent service in one centre of excellence, the Children's Hospital.  That is why it is the Children's Hospital‑‑

Mr. Speaker:  Order, please.

 

Pharmacare

Claim Deadline

 

Mr. Conrad Santos (Broadway):  Through you, Mr. Speaker, to the honourable Minister of Health, this Progressive Conservative government is like a hard master, heartless and cruel, who likes to reap where its trod not, and who likes to gather where he has trod not.

            There are now a growing number of Manitobans, Mr. Speaker, who found out too late that because of arbitrarily changing of the rules on the filing of medicare, they have lost their refund claim of at least $300,000.

            I have with me a set of 12 letters from different organizations which I would like to table, protesting this move.

            My question is:  Will the honourable Minister of Health, in the face of this mounting opposition, reconsider the rules about deadline of filing medicare claims?

Hon. Donald Orchard (Minister of Health):  Mr. Speaker, in, I think it was, late December last year, I made the announcement that the deadline for filing of April 30 would be a finite deadline.

            Mr. Speaker, it is unfortunate that some Manitobans, for whatever series of reasons, did not file before April 30.  That is regrettable, but to revisit the issue and to reopen that issue would be something I cannot consider now.  I do not think the decision was an unreasonable decision, because bear in mind that the Pharmacare receipts that are needed to make the claim are in the individual's possession on December 31 of any given year.  We have allowed four full months, Sir, to make that application for refund, and we have urged Manitobans to apply as soon as possible after December 31‑‑

Mr. Speaker:  Order, please.

Mr. Santos:  Mr. Speaker, we are all human.

            Will the minister admit that he has made a wrong decision and reverse this in the next fiscal year's budget, or at least will the minister accept extreme illness or death in the family as reasons for justifiable delay?

Mr. Orchard:  Mr. Speaker, I am compelled to indicate to my honourable friend that again every receipt necessary to achieve a refund is in the individual's possession as of the end of December of the filing year.  You know, we have made the provision of four months thereafter to make the refund at their leisure, and we would fully reimburse the individuals.

            Mr. Speaker, I cannot answer for circumstances of why individuals were unable to meet that filing deadline four months into the next year, after they have had the receipts.  Sir, it is with regret, but government has to have programs available to all Manitobans with some consistency of approach, and with regret, I have to say the decision is one that we will adhere to.

Mr. Santos:  My final supplementary, Mr. Speaker, will the honourable Minister of Health cease and desist from being a willing agent of this cruel and heartless government in imposing this confiscation of entire funds instead of just claiming some kind of a late penalty?

Mr. Orchard:  Mr. Speaker, my honourable friend has really got me in a terrible box with that question, because to even acknowledge the question, would admit to the premise.  There is no one other than narrow‑minded New Democrats who would ever call this government cruel and heartless.

 

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Education System

Funding Formula

 

Mr. Jerry Storie (Flin Flon):  Mr. Speaker, the member for Pembina (Mr. Orchard) should have been at Waskada last night. Some 300 people were congregated in the Waskada School in the member for Arthur's (Mr. Downey) constituency to ask the Deputy Premier why this government continues to offload education costs onto municipalities and property tax payers.  Those people want to know whether the $79 million that has already been offloaded is going to continue.

            My question is to the Premier.  Will the Premier now acknowledge that the funding formula that this government has put in place is offloading education costs on a continuing basis to school divisions, to property owners in Antler River and many other school divisions?  Will he acknowledge that is the goal, to offload the cost from the province to local property owners?

Hon. Gary Filmon (Premier):  Mr. Speaker, of course, the preamble by the member for Flin Flon (Mr. Storie) is absolute nonsense. The goal of this government is to have a fair and a reasonable funding formula.  Fairness and reason were never characteristics of the government that he was a part of, so I know that he would have difficulty understanding that.

            The funding formula has been hailed by people throughout the province as providing‑‑

An Honourable Member:  Name them.

Mr. Filmon:  Winnipeg No. 1 among others is‑‑

Some Honourable Members:  Oh, oh.

Mr. Speaker:  Order, please.

Mr. Filmon:  ‑‑have been hailed for bringing forward, not only a fair and a reasonable, but a sensible way of funding for the public schools in Manitoba.

            Mr. Speaker, if we continue to provide funding for the public schools in excess of inflation, and they continue to spend well beyond those levels, the reality is that they then have to face their taxpayers and justify why they want to spend that money well over and above, not only inflation, but well over and above the funding levels that are given by this provincial government.

            This provincial government has provided fairness and equity that was never seen from the New Democrats when they were in government.

Mr. Storie:  Mr. Speaker, the only school divisions in the province of Manitoba that have got less than inflation are public schools.  Private schools have got a 150 percent increase since this government took office.

            Mr. Speaker, in the notice that was sent out to the parents who attended the Waskada School, it said funding for private schools is now at 63.5 percent of the average per pupil funding for public schools.  With an intended increase‑‑

Mr. Speaker:  Order, please.  The honourable member for Flin Flon (Mr. Storie), time is extremely scarce.  Put your question, please.

Mr. Storie:  Mr. Speaker, will the First Minister now acknowledge that this funding formula is making property tax owners in every constituency in every school division pay more, while this government continues to offload millions of dollars‑‑

Mr. Speaker:  Order, please.

Mr. Filmon:  Mr. Speaker, as usual, the member for Flin Flon is either ignorant or is misrepresenting the facts, and in most cases, it is both.  The reality is that this government has continued to fund public schools in this province to more than the rate of inflation increases.  The reality is that if school divisions want to insist on spending more than that, if they want to go not only beyond inflation but beyond the increases beyond inflation that they are given, that is a choice that they make. They then have to face their own ratepayers in order to justify that choice.

            Mr. Speaker, we have been fair, we have been reasonable, we have been equitable, something that was never done by the former New Democratic government.

Mr. Storie:  Mr. Speaker, the fact of the matter is and the Premier knows it, that increased support to private schools‑‑

Mr. Speaker:  Order, please.  The honourable member for Flin Flon, kindly put your question, please.

Mr. Storie:  My final question to the First Minister:  Will the First Minister now, perhaps with the support of the Minister of Education (Mrs. Vodrey), call together a committee consisting of the Manitoba Association of School Trustees, The Manitoba Teachers' Society, the Manitoba Association of School Superintendents, to correct the flaws that are apparent in the school funding formula that is going to increase property taxes in communities like Waskada by 40 percent over the next two years?

Mr. Filmon:  Mr. Speaker, this government has consistently provided additional funding to public schools over and above the rate of inflation.  This government has provided increases in health care, in education, in family services, not only that exceed inflation, but indeed by substantial amounts in many cases.  As a result, in this budget year, we are spending a greater portion of our budget on health, education and family services than ever was spent by the New Democrats when they were in office.  They cannot argue with those facts because they are true.

 

Workers Compensation Board

Physiotherapy

 

Mr. Kevin Lamoureux (Inkster):  Mr. Speaker, I have a question for the Minister responsible for Workers Compensation (Mr. Praznik).

            I received a letter that causes a great deal of concern for all of those injured workers in the province.  As the minister is aware, there are negotiations currently that are ongoing between Workers Compensation and the private practice of physiotherapists.  There is a threat out there that they will stop treating Workers Compensation patients if the dispute is in fact not resolved.  The primary reason, from what I understand, for this is because Workers Compensation is imposing that they pay a set fee for a particular condition such as capitation.

            Mr. Speaker, physiotherapists directing Workers Compensation patients to the hospital is an alternative that they are looking at.  My question to the minister is:  Will the minister report on the status of the negotiations and tell us why the WCB is dictating to the physiotherapists without enough opportunity for consultation?

Hon. Darren Praznik (Minister responsible for and charged with the administration of The Workers Compensation Act):  Mr. Speaker, I would point out to the member for Inkster (Mr. Lamoureux) that certainly the concern that he has about provision of services is always one that I think the Workers Compensation Board, their chair, the administration and certainly this government shares with him.

            But I would point out to him, when there are negotiations going on between any agency, business or organization and the people from whom they are purchasing services, there is always information that flows out, that often opposition critics are used as a vehicle to intervene in those negotiations.

            I have great confidence in the board.  I have great confidence in the new chair of that board, Professor Wally Fox‑Decent, that the best interests of the Workers Compensation Board and their claimants will be looked after.  I think it is probably best not to become involved in a public debate, which what is in essence a collective bargaining situation, that is best settled at the bargaining table rather than in the public realm.

Mr. Lamoureux:  Mr. Speaker, if an agreement is not reached, you are going to have injured workers who are going to be put in a situation where they have to go to the hospitals, if this dispute is not resolved by the end of the month.

            My question is to the Minister of Health (Mr. Orchard):  What arrangements has the Department of Health made to accommodate this potential increased demand for the services of physiotherapists working in the hospitals, given that by the end of the month, there might not be any agreement within Workers Compensation and there is already a current backlog in the hospitals?

Mr. Praznik:  Mr. Speaker, again I would point out to the member for Inkster (Mr. Lamoureux) that in any bargaining situation, there is always the great temptation for one side to use the good offices of members of the Legislature to pursue their particular viewpoint to create the public pressure.  It is part of the process.

            I would just suggest to him, in the interests of the claimants of Workers Compensation, of the Workers Compensation system and in the interests of collective bargaining, that those issues are being dealt with by the board.

            As I have indicated, I think members of this House should have confidence in the chair of that board, Professor Wally Fox‑Decent, to ensure that the claimants of the board are properly looked after, and yet the interests of the board in their negotiations are not compromised by making or taking issues and trying to create the public hype that fuels one side in those negotiations.

Mr. Lamoureux:  Mr. Speaker, there is a six‑month waiting list in order for an injured worker‑‑if they are put in a situation of having to go into the hospital.  That is in fact in the best interests of the worker, that something is being done.

            Mr. Speaker, my question then is, in the cases of extended treatment, that the physiotherapists attempt to recover their fees directly from the patients involved, that is one of the things that is at least being talked about.

            Can the minister give us some assurance that in fact the worker will not have to pay for any potential fees from a physiotherapist because of a change in system from this current board?

 

* (1420)

 

Mr. Praznik:  Mr. Speaker, I can assure the honourable member that whatever entitlements under The Workers Compensation Act that claimants are entitled to, they will be provided.

            Surely the member for Inkster would not want to enter into what is collective bargaining in this province between the board and a physiotherapist, Mr. Speaker, in such a way that he is requesting this minister to write a blank cheque or the Workers Compensation Board to write a blank cheque to any providers of service.

            Those negotiations are going on.  The board will ensure that the claimants receive proper medical attention.  If he is suggesting to this House that the board should be instructed to write a blank cheque, that would not be in the interests of anyone.

 

Manitoba Public Insurance Corporation

No-Fault Insurance

 

Mr. Leonard Evans (Brandon East):  Mr. Speaker, I have a question for the minister responsible for MPIC.

            When this minister was in opposition, Mr. Speaker, he left the impression with the public of Manitoba that a Conservative government would somehow magically reduce Autopac rates by containing costs, yet as we all know, rates have skyrocketed under this government.  At the same time, the minister refuses to implement the major recommendation of the Kopstein report, which could have saved $63 million and cut premiums by 21 percent.  At the last committee meeting, this minister said, and I am quoting from page 42 of that Hansard:  You will not be seeing initiatives on my part to move to no‑fault insurance.

            Mr. Speaker, my question to the minister is, on behalf of the people of Manitoba who are very upset about what is happening to Autopac rates under his jurisdiction, will this minister now have an open mind, reverse his position and introduce a no‑fault system?

Hon. Glen Cummings (Minister charged with the administration of The Manitoba Public Insurance Corporation Act):  Mr. Speaker, I am not sure which page of which year the member is quoting from, but it has always been my position‑‑and I hope that I have conveyed it consistently‑‑that I am prepared to look at all aspects to make sure that we make insurance as reasonably priced and as practical for the people of this province as much as possible.

            The member for Brandon East knows full well that when we have seen increases in the last three to four years that were as low as 2.5 and varied in the 5 percent range, they were reasonable and practical results for the people of the province.  We are seeing some very disturbing trends, however, this year.

Mr. Speaker:  Time for Oral Questions has expired.

 

Speaker's Ruling

 

Mr. Speaker:  I have a ruling for the House.

            During Question Period on December 2, 1992, the honourable member for Thompson (Mr. Ashton), in posing questions, alleged that the Premier buckled:  ". . . in to a lobby led by insurance agents, spearheaded by his own Minister of Government Services (Mr. Ducharme) . . ." and that the minister in question was taking credit for doing so.

            Subsequently, the Minister of Government Services rose on a matter of privilege and moved that the member for Thompson produce any evidence supporting these allegations or apologize. After receiving advice from the House, I took the matter under advisement.

            The honourable minister fulfilled the first condition of privilege by raising the matter at the first available opportunity.  As to the second condition, that of establishing a prima facie case, I am ruling that this is not a matter of privilege.

            Privilege, as defined by the authority, Joseph Maingot in his book, Parliamentary Privilege in Canada, is the necessary immunity that the law provides for members of the Legislatures in order for these legislators to do their legislative work.

            In Beauchesne, Citation 25, Speaker Fraser of the House of Commons says that privilege is what sets honourable members apart from other citizens giving them rights which the public does not possess; parliamentary privilege does not go much beyond the right of free speech in the House of Commons and the right of a member to discharge his or her duties in the House as a member of the House.

            Beauchesne, Citation 69 states, and I quote:  "It is very important . . . to indicate that something can be inflammatory, can be disagreeable, can even be offensive, but it may not be a question of privilege unless the comment actually impinges upon the ability of Members . . . to do their job properly." Privilege, Maingot asserts, is concerned with the special rights of members in their capacity as members in their parliamentary work, not in their capacity as ministers or party leaders, whips or parliamentary secretaries.  Therefore, allegations reflecting on the conduct of a minister in the performance of his or her ministerial duties do not come within the purview of parliamentary privilege.

            Bourinot from the Fourth Edition at page 51 states and I quote, "libels or reflections upon Members individually have also been considered as breaches of privilege which may be censured or punished by the House; but it is distinctly laid down by all the authorities that to constitute a breach of privilege such libels must concern the character or conduct of Members in (the) capacity" as MLAs in their parliamentary work as distinct from a minister.  To constitute privilege there must be some improper obstruction of the member in performing his or her parliamentary work in either a direct or constructive way.

            However, Beauchesne Citation 481(f) stipulates that one Member must not make a personal charge against another.  As I indicated in my ruling on August 3, 1988, it is unparliamentary to make a personal charge against another member.  I am, therefore, ruling that the words used by the member for Thompson (Mr. Ashton) were unparliamentary and am calling on him now to withdraw those words unequivocally.

Mr. Steve Ashton (Thompson):  Mr. Speaker, I note that it is not a matter of privilege according to your ruling.  That is unfortunate, in a way, because I would have had the opportunity to provide further information to members in regard to matters that were raised.  If you are saying that, indeed, any comments that I have made were unparliamentary, I have always had one rule in this House since I was elected in 1981 of 11 years, and if I have inadvertently ever used any language in the past I have always withdrawn that language.  If any of the words I used were unparliamentary, I certainly would withdraw them and would certainly abide by your ruling.  Thank you.

Mr. Speaker:  I thank the honourable member for Thompson.

 

NONPOLITICAL STATEMENTS

 

Mr. Jack Reimer (Niakwa):  Mr. Speaker, may I have permission to make a nonpolitical statement?

Mr. Speaker:  Does the honourable member for Niakwa have leave to make a nonpolitical statement? [agreed]

Mr. Reimer:  Mr. Speaker, today in the city of New York, there was an official opening taking place.  It is the official opening of 1993, the International Year of Indigenous People.  The theme of this year will be the Indigenous People, a New Partnership.

            December 10 is a significant day to launch the declaration of the International Year of the World's Indigenous People because today is also International Human Rights Day.  I think it is essential to us as members of the Manitoba Legislature to recognize this day in the upcoming year as one of great importance.

            In Manitoba, we have a special interest in International Year of the World's Indigenous People.  Manitoba is unique in that our culture mosaic consists of many different cultural backgrounds. Aboriginal people make up a large portion of our cultural diversity and within that group there are many different First Nations that make up our aboriginal heritage.

            Manitoba history hinges upon our aboriginal forefathers and their decision to settle in this area.  The establishment of Manitoba as a province can be attributed to a Metis man named Louis Riel.  Louis Riel led a rebellion which led to the provincial government established in 1870.  I believe it is essential that we examine our past and look to the future to help solve the problems currently facing the aboriginal people of Canada and the indigenous people of all around the world.