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Wednesday, November 14, 2001

LEGISLATIVE ASSEMBLY OF MANITOBA

VOTES AND PROCEEDINGS No. 2

THIRD SESSION, THIRTY-SEVENTH LEGISLATURE

PRAYERS

1:30 O'CLOCK P.M.

 

By unanimous consent, it was agreed to proceed with the proposed motion moved by Mr. Murray as a Matter of Urgent Public Importance following Members' Statements.

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Hon. Mr. Robinson presented:

Annual Report of the Department of Aboriginal and Northern Affairs for the fiscal year ending March 31, 2001.

(Sessional Paper No. 1)

Annual Report and Audited Financial Statements of the Communities Economic Development Fund for the fiscal year ending March 31, 2001.

(Sessional Paper No. 2)

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Mr. Speaker presented:

Annual Report of the Legislative Assembly Management Commission for the fiscal year ending March 31, 2001.

(Sessional Paper No. 3)

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By leave, Hon. Mr. Mackintosh introduced Bill (No. 2) – The Security Management (Various Acts Amended) Act/Loi sur la gestion de la sécurité (modification de diverses dispositions législatives), and outlined the purposes thereof, it was read a First Time.

(Recommended by His Honour, the Lieutenant Governor)

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Hon. Mr. Mackintosh presented:

Message from His Honour, the Lieutenant Governor recommending the disposition of public revenue for Bill (No. 2).

(Sessional Paper No. 4)

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

During Oral Questions on July 5, 2001, the Honourable Official Opposition House Leader rose on a point of order regarding the use of the words "junkyard dogs" by the Honourable Premier in reference to members of the Official Opposition. The Honourable Government House Leader spoke to the same point of order. I took the matter under advisement in order to peruse Hansard.

On page 3572 of Hansard, the words "get control of your junkyard dogs" do appear, however the words are not attributed to any specific Member. Although the Honourable Official Opposition and Government House Leaders made reference to the words as being uttered by the Honourable First Minister, the Honourable First Minister did not state on the record whether he did or did not say the words in question. Without a clear indication, either through identification in Hansard or by admission from a particular Member that the words in question were indeed spoken by that Member, it places the Speaker in a difficult position to rule on the language used.

I therefore cannot rule on whether there was or was not a point of order in this instance. I would, however, like to take the opportunity to remind all Members that we should be referring to each other in terms and language that are temperate and are worthy of the Chamber and the positions that we hold.

Hon. Mr. Doer voluntarily withdrew his remarks.

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Pursuant to Rule 23(1), Mr. Penner (Steinbach), Ms. Korzeniowski, Mr. Faurschou, Ms. Allan and Hon. Mr. Gerrard made Members' Statements.

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By unanimous consent, it was agreed to waive Rule 60(2) with regards to the printing of the Private Members' Resolutions in the Notice Paper until Wednesday, November 21, 2001.

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By unanimous consent, it was agreed that the House would adjourn at 3:00 p.m. on Wednesday, November 28, 2001 and would not meet until Monday, December 3, 2001 in order to allow the Members to attend the AMM Convention.

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By leave, following Members' Statements, Mr. Murray rose on a Matter of Urgent Public Importance and moved:

WHEREAS terrorism is a global issue that must be combated by all freedom-loving nations; and

WHEREAS the United States of America was the target of a horrifying and deadly terrorist attack that occurred on September 11, 2001; and

WHEREAS the thousands of people from more than 60 countries lost their lives and are missing as a result of the September 11 attack; and

WHEREAS many selfless citizens have donated to disaster relief funds and volunteered their services in the relief effort, including the heroic efforts of many New York firefighters, police officers and port authority employees who risked their lives in an attempt to save the victims of the terrorist attacks; and

WHEREAS these terrorist attacks were engineered by a small radical faction who do not represent the Muslim faith or the Middle Eastern population as a whole; and

WHEREAS this Legislative Assembly and Manitobans condemn discrimination and racist attacks in any form, including unfounded and unfair retaliatory attacks against citizens of Muslim or Middle Eastern backgrounds merely due to their ethnicity or religion; and

WHEREAS the President of the United States has vowed to "find those responsible and bring them to justice"; and

WHEREAS the Prime Minister of Canada has publicly committed the Government of Canada's support for the military action currently being undertaken in Afghanistan.

THEREFORE BE IT RESOLVED that the Legislative Assembly of Manitoba condemns racism and discrimination against any individual, group or organization and to encourage that all Manitobans are treated with compassion, dignity and respect; and

BE IT FURTHER RESOLVED that this Assembly consider doing everything within its power to ensure that there is no place in Manitoba for agents or supporters of terrorism; and

BE IT FURTHER RESOLVED that this Assembly fully endorse and support any necessary economic, diplomatic, humanitarian and military actions undertaken by the government of the United States of America, Canada and our allies in response to the terrorist attacks of September 11, 2001; and

BE IT FURTHER RESOLVED that the Clerk of the Legislative Assembly of Manitoba forward a copy of this resolution to the President of the United States of America and the Prime Minister of Canada.

And Mr. Murray and Hon. Mr. Doer having spoken to the urgency of the motion.

 

WHEREUPON Mr. Speaker ruled as follows:

There are two conditions to be satisfied in order for this matter to proceed.

The first condition is that proper notice is required. The House has given its consent for this motion to come forward. Therefore the condition of notice has been dealt with.

The second condition is that debate on this matter is urgent and that there are no other reasonable opportunities to raise the matter. Although at the present time members do not have the ability to raise grievances, discuss private members' resolutions, or debate opposition day motions due to the Throne Speech debate being listed as an order of business, I would note that Members could discuss this issue in their remarks during the Throne Speech debate. I would note that there are problems in the motion as a Matter of Urgent Public Importance. I would also note that there is a procedural problem with the format of the motion brought forward as a Matter of Urgent Public Importance. According to a ruling delivered by Speaker Rocan on December 3, 1990 he ruled that it is out of order for members to use WHEREAS clauses and the format of private members' resolutions in order to bring forward a Matter of Urgent Public Importance.

Despite the procedural shortcomings, I note that there appears to be desire on Members to debate this matter today. Beauchesne Citation 387 as well as past rulings of Manitoba Speakers take this into account. I would like to note for the record that there are procedural irregularities with the motion being moved as a Matter of Urgent Public Importance as according to a ruling delivered by Speaker Rocan on December 3, 1990. It is out of order to use WHEREAS clauses and the format of private members' resolutions in order to bring forward a Matter of Urgent Public Importance.

The proper format for the wording of a Matter of Urgent Public Importance is that under Rule 34(1) that the ordinary business of the House be set aside to discuss a Matter of Urgent Public Importance namely, and here a brief general statement of the issue is set forth, given that there appears to be a general willingness to debate this matter I will allow the motion to go forward as a Matter of Urgent Public Importance in the current format with the understanding that this is not creating a precedent and that all future motions that are raised as Matters of Urgent Public Importance should be in the traditional format of Matters of Urgent Public Importance.

Mr. Speaker then put the Question, "Shall the debate proceed?" It was agreed to.

And a debate arising,

And Mr. Murray, Hon. Messrs. Doer and Gerrard, Mr. Enns, Hon. Mr. Sale, Mrs. Mitchelson, Hon. Mr. Smith (Brandon West), Mr. Gilleshammer, Hon. Mr. Ashton, Mr. Rocan, Hon. Ms. Barrett, Mrs. Smith (Fort Garry), Messrs. Santos and Schuler, Hon. Ms. Friesen and Mr. Derkach having spoken.

The debate was terminated in accordance with Rule 34(6).

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Mr. Jennissen moved, seconded by Ms. Asper:

THAT the following address be presented to His Honour the Lieutenant Governor:

We, the Members of the Legislative Assembly of Manitoba thank your Honour for the gracious speech addressed to us at this Third Session of the Thirty-Seventh Legislature of Manitoba.

And a debate arising,

And Mr. Jenniessen speaking at 6:00 p.m. The debate was allowed to remain in his name.

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The House then adjourned at 6:00 p.m. until 1:30 p.m. Thursday, November 15, 2001.

 

Hon. George Hickes,

Speaker.