The following petitions were presented:

Mr. Schuler – Legislative Assembly of Manitoba request that the Minister responsible for Manitoba Hydro consider alternative routes for the additional 230KV and 500KV lines proposed for the RM of East St. Paul (M. Lutzer, K. Lutzer, W. Werestiuk and others)

Mr. Pitura – Legislative Assembly of Manitoba request that the Premier of Manitoba consider reversing his decision to not support construction of an underpass at Kenaston and Wilkes (D. Froese, L. Anseeuw, K. Maharaj and others)

Mr. Loewen – Legislative Assembly of Manitoba request that the Premier of Manitoba consider reversing his decision to not support construction of an underpass at Kenaston and Wilkes (A. Knight, F. Chinchille, S. Maurice and others)

The following petitions were read and received:

Mr. Schuler – Legislative Assembly of Manitoba request that the Minister responsible for Manitoba Hydro consider alternative routes for the additional 230KV and 500KV lines proposed for the RM of East St. Paul (E. Wiens, S. Karpiak, V. Jaworski and others)

Mr. Loewen – Legislative Assembly of Manitoba request that the Premier of Manitoba consider reversing his decision to not support construction of an underpass at Kenaston and Wilkes (M. Gannon, L. Wight, K. Halko and others)

Mr. Pitura – Legislative Assembly of Manitoba request that the Premier of Manitoba consider reversing his decision to not support construction of an underpass at Kenaston and Wilkes (M. Provencher, K. Kateryniuk, D. Radics and others)

Mr. Struthers, Chairperson of the Standing Committee on Agriculture, presented its First Report, which was read as follows:

Your Committee met on:

• Wednesday, April 18, 2001 at 6:30 p.m. in Room 255 of the Legislative Building
• Monday, April 23, 2001 at 10:00 a.m. in Dauphin, Manitoba
• Monday, April 23, 2001 at 6:30 p.m. in Brandon, Manitoba
• Monday, April 30, 2001 at 6:30 p.m. in Beausejour, Manitoba
• Tuesday, May 1, 2001 at 6:30 p.m. in Room 255 of the Legislative Building
• Monday, May 7, 2001 at 6:30 p.m. in Room 255 of the Legislative Building
• Wednesday, May 9, 2001 at 6:30 p.m. in Room 255 of the Legislative Building

• The All-Party Resolution on Federal Support for Agriculture

At the Wednesday, April 18, 2001 meeting, your Committee elected:

• Mr. Struthers as the Chairperson

• Mr. Nevakshonoff as the Vice-Chairperson

At the Monday, April 23, 2001 meeting in Brandon, Manitoba, Mr. Faurschou was substituted on to the Committee to replace Mr. Derkach.

At the Monday, April 30, 2001 meeting in Beausejour, Manitoba, Mr. Praznik was substituted on to the Committee to replace Mr. Faurschou.

At the Monday, May 7, 2001 meeting, Mr. Aglugub was substituted on to the Committee to replace Hon. Mr. Ashton.

At the Wednesday, May 9, 2001 meeting, Hon. Mr. Ashton was substituted on to the Committee to replace Hon. Mr. Lemieux.

At the Wednesday, May 9, 2001 meeting, Mr. Tweed was substituted on to the Committee to replace Mr. Cummings.

At the Wednesday, May 9, 2001 meeting, Mr. Derkach was substituted on to the Committee to replace Mr. Praznik.

At the Wednesday, May 9, 2001 meeting, Mr. Santos was substituted on to the Committee to replace Mr. Aglugub.

At the Monday, May 7, 2001 meeting, your Committee passed the following motion:

Your Committee heard 76 presentations on the Resolution from the following individuals and/or organizations:

• At the Monday, April 23, 2001 at 10:00 a.m. in Dauphin, Manitoba

• At the Monday, April 23, 2001 at 6:30 p.m. in Brandon, Manitoba

• At the Monday, April 30, 2001 at 6:30 p.m. in Beausejour, Manitoba

• At the Tuesday, May 1, 2001 at 6:30 p.m. in Room 255 of the Legislative Building

The Committee received 23 written submissions on the Resolution from the following individuals and/or organizations:

Your Committee agreed to report this Resolution, with the following amendments:

THAT the resolution on "Federal Support for Agriculture" be amended:

By adding, after the 7^th WHEREAS clause:

WHEREAS the Standing Committee has heard presentations on the need for federal support for agriculture during four public hearings held across Manitoba.

By amending the 1^st resolved clause to read:

THEREFORE BE IT RESOLVED that the Standing Committee on Agriculture recommend that, based on the public consultations, the federal government recognize federal support for farmers in other countries, and provide at least another $500 million in short-term support for grains and oilseeds producers

By amending the 5^th resolved clause to read:

BE IT FURTHER RESOLVED that the Standing Committee on Agriculture recommend that the federal and provincial governments review current safety-net programs, such as the Canadian Farm Income Program (CFIP), and crop insurance to ensure that they are meeting the needs of all Canadian producers equitably; and

By amending the 6^th resolved clause to read:

BE IT FURTHER RESOLVED that the Standing Committee on Agriculture, having heard a number of suggestions for value-added processing, such as additional ethanol production and new variety of sugar beet, recommend that the provincial and federal governments pursue these opportunities for rural communities; and

By deleting the 3^rd, 4^th, 7^th and 8^th Resolved clauses.

By adding three new Resolved clauses at the end of the resolution to read:

BE IT FURTHER RESOLVED that the Standing Committee send the Hansard and Committee Report to the Honourable Jean Chretien, Prime Minister of Canada and the Honourable Lyle Vanclief, Minister of Agriculture and Agri-Food Canada, for their consideration of the Committee's request for additional support for grains and oilseeds producers; and

BE IT FURTHER RESOLVED that the Standing Committee send an invitation to the House of Commons Standing Committee on Agriculture to come to Manitoba, to receive the Hansard and Report of the Standing Committee hearings, and to hear further presentations directly from Manitobans; and

 

BE IT FURTHER RESOLVED that the Honourable Gary Doer, Premier of Manitoba, write to the Honourable Jean Chretien, Prime Minister of Canada, requesting a meeting to discuss this important issue.

THAT the amendment be amended by adding the following after the 5^th WHEREAS:

WHEREAS the Standing Committee on Agriculture, after listening to farmers, farm organizations, business leaders, and municipal officials, heard grains and oil seeds producers had losses of $40 to $60 an acre, and an immediate cash injection is needed

THAT the amendment be amended by adding the words "and others" after the words "these opportunities" in the 4^th BE IT FURTHER RESOLVED:

THAT the amendment be amended by replacing the final BE IT FURTHER RESOLVED with the following:

BE IT FURTHER RESOLVED that Manitoba's Standing Committee on Agriculture recommend to the Legislative Assembly of Manitoba that the Premier request an immediate meeting with the Prime Minister of Canada in order to discuss an immediate cash infusion and long term solutions to the farm income crisis and that the Premier encourage the Prime Minister to meet with a delegation led by the Premier of Manitoba made up of farm, business, and municipal leaders in order to fully reflect the devastation facing farmers, businesses and communities.

Your Committee agreed to include the text of the entire amended resolution in this Committee Report, as follows:

WHEREAS increasing agricultural subsidies provided by the United States and the European Union federal treasuries continue to depress world prices for grains and oilseeds; and

WHEREAS Manitoba grains and oilseeds producers continue to have their margins decline because of low prices and rapidly increasing input costs, especially for fuel and fertilizer; and

WHEREAS the Manitoba government and producers requested immediate assistance for grains and oilseeds producers from the federal government for the 2001 crop year; and

WHEREAS the federal government responded with $500 million, dependent upon a provincial contribution of 40 per cent, which was denounced as inadequate by Canadian farmers and farm organizations; and

WHEREAS provincial agriculture ministers from Manitoba, Alberta, Saskatchewan, Ontario and Quebec requested an additional $500 million in federal support to address the immediate crisis; and

WHEREAS the Standing Committee on Agriculture, after listening to farmers, farm organizations, business leaders, and municipal officials, heard grains and oil seeds producers had losses of $40 to $60 an acre, and an immediate cash injection is needed; and

WHEREAS the Manitoba government, despite limited financial resources; announced that it would provide $38 million toward the aid package; and

WHEREAS the Premier of Manitoba has written the Prime Minister, demanding that he be involved in this critical issue.

WHEREAS the Standing Committee has heard presentations on the need for federal support for agriculture during four public hearings held across Manitoba.

THEREFORE BE IT RESOLVED that the Standing Committee on Agriculture recommend that, based on the public consultations, the federal government recognize federal support for farmers in other countries, and provide at least another $500 million in short-term support for grains and oilseeds producers; and

BE IT FURTHER RESOLVED that the Legislative Assembly urge the Federal Government be more aggressive on the international stage in fighting for the removal of foreign subsidies for agriculture; and

BE IT FURTHER RESOLVED that the Standing Committee on Agriculture recommend that the federal and provincial governments review current safety-net programs, such as the Canadian Farm Income Program (CFIP), and crop insurance to ensure that they are meeting the needs of all Canadian producers equitably; and

BE IT FURTHER RESOLVED that the Standing Committee on Agriculture, having heard a number of suggestions for value-added processing, such as additional ethanol production and new variety of sugar beet, recommend that the provincial and federal governments pursue these opportunities and others for rural communities; and

BE IT FURTHER RESOLVED that the Standing Committee send the Hansard and Committee Report to the Honourable Jean Chretien, Prime Minister of Canada and the Honourable Lyle Vanclief, Minister of Agriculture and Agri-Food Canada, for their consideration of the Committee's request for additional support for grains and oilseeds producers; and

BE IT FURTHER RESOLVED that the Standing Committee send an invitation to the House of Commons Standing Committee on Agriculture to come to Manitoba, to receive the Hansard and Report of the Standing Committee hearings, and to hear further presentations directly from Manitobans; and

BE IT FURTHER RESOLVED that Manitoba's Standing Committee on Agriculture recommend to the Legislative Assembly of Manitoba that the Premier request an immediate meeting with the Prime Minister of Canada in order to discuss an immediate cash infusion and long term solutions to the farm income crisis and that the Premier encourage the Prime Minister to meet with a delegation led by the Premier of Manitoba made up of farm, business, and municipal leaders in order to fully reflect the devastation facing farmers, businesses and communities.

On motion of Mr. Struthers, the Report of the Committee was received.

Mr. Santos, Chairperson of the Committee of Supply, presented the Report of the Proceedings of the Committee of May 10, 2001 as follows:

The following Resolutions were adopted:

15.1 RESOLVED that there be granted to HER MAJESTY a sum not exceeding NINE MILLION, TWENTY-NINE THOUSAND, TWO HUNDRED DOLLARS for TRANSPORATION AND GOVERNMENT SERVICES:

ADMINISTRATION AND FINANCE $9,029,200.00

for the fiscal year ending the 31st day of March, 2002.

15.2 RESOLVED that there be granted to HER MAJESTY a sum not exceeding SIXTY-ONE MILLION, SEVEN HUNDRED THIRTY-FOUR THOUSAND, EIGHT HUNDRED DOLLARS for TRANSPORATION AND GOVERNMENT SERVICES:

HIGHWAYS AND TRANSPORTATION PROGRAMS $61,734,800.00

for the fiscal year ending the 31st day of March, 2002.

15.3 RESOLVED that there be granted to HER MAJESTY a sum not exceeding THIRTY-FIVE MILLION, SEVEN HUNDRED FORTY-FOUR THOUSAND DOLLARS for TRANSPORATION AND GOVERNMENT SERVICES:

ACCOMMODATION DEVELOPMENT AND

PROPERTY MANAGEMENT $35,744,000.00

for the fiscal year ending the 31st day of March, 2002.

15.4 RESOLVED that there be granted to HER MAJESTY a sum not exceeding SEVEN MILLION, SIXTY-TWO THOUSAND, FOUR HUNDRED DOLLARS for TRANSPORATION AND GOVERNMENT SERVICES:

SUPPLY AND SERVICES $7,062,400.00

for the fiscal year ending the 31st day of March, 2002.

15.5 RESOLVED that there be granted to HER MAJESTY a sum not exceeding ONE MILLION, FIVE HUNDRED FIFTY-ONE THOUSAND, TWO HUNDRED DOLLARS for TRANSPORATION AND GOVERNMENT SERVICES:

EMERGENCY MANAGEMENT ORGANIZATION $1,551,200.00

for the fiscal year ending the 31st day of March, 2002.

15.6 RESOLVED that there be granted to HER MAJESTY a sum not exceeding ONE HUNDRED EIGHTY-TWO MILLION, NINE HUNDRED TWENTY-SIX THOUSAND, ONE HUNDRED DOLLARS for TRANSPORATION AND GOVERNMENT SERVICES:

INFRASTRUCTURE WORKS $182,926,100.00

for the fiscal year ending the 31st day of March, 2002.

15.7 RESOLVED that there be granted to HER MAJESTY a sum not exceeding THIRTEEN MILLION, ONE HUNDRED SEVENTY-FOUR THOUSAND, TWO HUNDRED DOLLARS for TRANSPORATION AND GOVERNMENT SERVICES:

AMORTIZATION OF CAPITAL ASSETS $13,174,200.00

for the fiscal year ending the 31st day of March, 2002.

44.1 RESOLVED that there be granted to HER MAJESTY a sum not exceeding SIX HUNDRED ONE THOUSAND, TWO HUNDRED DOLLARS for ADVANCED EDUCATION:

ADMINISTRATION AND FINANCE $601,200.00

for the fiscal year ending the 31st day of March, 2002.

44.2 RESOLVED that there be granted to HER MAJESTY a sum not exceeding THREE HUNDRED THIRTY-THREE MILLION, THREE HUNDRED THIRTY-TWO THOUSAND, SIX HUNDRED DOLLARS for ADVANCED EDUCATION:

SUPPORT FOR UNIVERSITIES AND COLLEGES $333,332,600.00

for the fiscal year ending the 31st day of March, 2002.

44.3 RESOLVED that there be granted to HER MAJESTY a sum not exceeding FIFTY-NINE MILLION, SIX HUNDRED TWENTY-TWO THOUSAND, NINE HUNDRED DOLLARS for ADVANCED EDUCATION:

STUDENT FINANCIAL ASSISTANCE AND TUITION REBATES $59,622,900.00

for the fiscal year ending the 31st day of March, 2002.

44.4 RESOLVED that there be granted to HER MAJESTY a sum not exceeding NINETEEN MILLION, SEVEN HUNDRED TWENTY THOUSAND, SIX HUNDRED DOLLARS for ADVANCED EDUCATION:

CAPITAL GRANTS $19,720,600.00

for the fiscal year ending the 31st day of March, 2002.

44.5 RESOLVED that there be granted to HER MAJESTY a sum not exceeding ONE HUNDRED TWENTY-SIX THOUSAND, TWO HUNDRED DOLLARS for ADVANCED EDUCATION:

AMORTIZATION OF CAPITAL ASSETS $126,200.00

for the fiscal year ending the 31st day of March, 2002.

Resolutions were reported.

Report was received and the Committee of Supply obtained leave to sit again.

By leave, Hon. Ms. Barrett introduced Bill (No. 21) – The Manitoba Ethnocultural Advisory and Advocacy Council Act/Loi sur le Conseil ethnoculturel manitobain de consultation et de revendication, and outlined the purposes thereof, it was read a First Time.

(Recommended by His Honour, the Administrator)

Hon. Ms. Barrett presented:

Message from His Honour, the Administrator recommending the disposition of public revenue for Bill (No. 21).

(Sessional Paper No. 143)

Following Oral Questions, Mr. Speaker made the following ruling:

Following the Prayer on May 1, 2001, the Honourable Member for Lac du Bonnet rose on a matter of privilege and moved "THAT the Minister of Health did break the privileges of all Members by misleading the House when he said, and I quote, "When we announced the agreement in principle to purchase the Pan Am Centre, it was to purchase the building, the equipment and the surgical suites" (April 11, page 404, Hansard) Both in this House on April 11, 2001 and in his press release of April 2, 2001 when he announced the agreement in principle to purchase the Pan Am Centre, the Minister failed to inform Members of this House that he was paying $700,000 to purchase an on-going business; and that this matter be referred to the Committee on Privileges and Elections for the committee's consideration." In speaking to the matter, the Honourable Member for Lac du Bonnet contended that the Minister had indicated one set of facts on the record in the House which in the Member's view was contrary to information provided by documents released outside of the House. The Honourable Minister of Health, the Honourable Official Opposition House Leader, the Honourable Government House Leader and the Honourable Member for River Heights offered advice to the Chair on this matter. The Deputy Speaker took the matter under advisement.

I thank all Members for their contributions to the matter raised.

There are two conditions that must be satisfied in order for the matter raised to be considered a prima facie case of privilege. First, was the matter raised at the earliest opportunity, and second, is there sufficient evidence of a prima facie case of privilege that would warrant putting the matter to the House.

Regarding the first condition, the Honourable Member for Lac du Bonnet indicated that he was raising the matter at the earliest opportunity after obtaining a copy of the documents that had been released outside of the House at 12:30 p.m. on that day, and I am satisfied that the matter was raised at the earliest opportunity.

Concerning the second condition of whether or not a prima facie case of privilege exists, there are a number of factors to consider. Joseph Maingot advises on page 241 of Parliamentary Privilege in Canada, second edition, that "to allege that a Member has misled the House is a matter of order rather than privilege." Maingot also states on the same page that "To allege that a Member has deliberately misled the House is also a matter of order and is indeed unparliamentary. However deliberately misleading statements may be treated as contempt."

Speaker Phillips ruled on August 21, 1986, that a Member raising a matter of privilege which charges that another Member has deliberately misled the House or a committee must support his or her charge with proof of intent. This same standard of proof was applied in 7 rulings on privilege delivered by Speaker Rocan, and in 9 rulings on privilege delivered by Speaker Dacquay. Although the Honourable Member for Lac du Bonnet has contended that the comments of the Honourable Minister of Health were at odds with information contained in the documents that were tabled, the Honourable Member for Lac du Bonnet did not supply proof that the Minister had intentionally set out to deliberately mislead the House.

Also, according to Beauchesne citation 494, it has been formally ruled by Speakers that statements by Members respecting themselves and particularly within their own knowledge must be accepted.

Additionally, the complaint raised by the Honourable Member for Lac du Bonnet does not fall within parliamentary privilege as defined by Maingot. As noted in Beauchesne citation 25, 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 duties in the House as a Member of the House of Commons. Maingot defines individual privileges of Members as consisting of: freedom of speech, freedom from arrest in civil process, exemption from jury service and appearance as a witness, and freedom from obstruction and intimidation. The corporate or collective privileges of Parliament are defined as the power to punish for contempt, the right to regulate its own constitution, the right to regulate its own internal affairs free from interference, the right to discipline its own Members, the right to institute inquiries and call for witnesses, and the right to settle its own code of procedure.

Based on the authorities and precedents cited, I must respectfully rule that the matter raised by the Honourable Member for Lac du Bonnet does not satisfy the criteria of a prima facie case of privilege, and must rule the matter out of order as a matter of privilege.

From his decision, Mr. Laurendeau appealed to the House.

And the Question being put, "Shall the ruling of the Chair be sustained?" It was agreed to, on the following division:

By leave, the House reverted to "Ministerial Statements and Tabling of Reports".

Hon. Mr. Selinger presented:

Supplementary Information for Legislative Review 2001-2002 – Departmental Expenditure Estimates – Enabling Appropriations and Other Appropriations.

(Sessional Paper No. 153)

Pursuant to Rule 23(1), Mr. Dyck, Ms. Asper, Messrs. Rocan, Rondeau and Schellenberg made Members' Statements.

By unanimous consent, the sequence for consideration of estimates, as outlined in Sessional Paper No. 113 tabled on April 23, 2001, was further amended in order that Civil Service Commission be considered in the Chamber following the estimates of Consumer and Corporate Affairs.

By unanimous consent, the sequence for consideration of estimates, as outlined in Sessional Paper No. 113 tabled on April 23, 2001, was further amended in order that Health, Family Services and Housing and Healthy Child Manitoba be considered in Room 254 following the estimates of Conservation and that all remaining departments from Room 254 be moved into the Chamber following the estimates of Civil Service Commission.

By unanimous consent, the sequence for consideration of estimates, as outlined in Sessional Paper No. 113 tabled on April 23, 2001, was further amended in order that Legislative Assembly be considered in the Chamber prior to the estimates of Executive Council.

By leave, it was agreed to waive Private Members' Business for Monday, May 14, 2001 only.

On motion of Mr. Dyck:

ORDERED that the composition of the Standing Committee on the Rules of the House be amended as follows:

Mr. Derkach for Mr. Rocan.

Mr. Speaker having left the Chair and the House resolving itself into a Committee to consider of the Supply to be granted to Her Majesty;

And the House continuing in Committee.

The House then adjourned at 5:51 p.m. until 1:30 p.m. Tuesday, May 15, 2001.

Hon. George Hickes,

Speaker.