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Votes and Proceedings

June 6, 2002

LEGISLATIVE ASSEMBLY OF MANITOBA

__________________________

VOTES AND PROCEEDINGS No. 44

THIRD SESSION, THIRTY-SEVENTH LEGISLATURE

PRAYERS 

10:00 O'CLOCK A.M.

 

The House resumed the Adjourned Debate on the Proposed Motion of Hon. Mr. Caldwell:

 

THAT Bill (No. 14) – The Public Schools Modernization Act (Public Schools Act Amended)/Loi sur la modernisation des écoles publiques (modification de la Loi sur les écoles publiques), be now read a Second Time and be referred to a Committee of this House.

 

And the debate continuing,

 

And Mrs. Smith (Fort Garry) having spoken,

 

Mr. Hawranik moved:

 

THAT the debate be now adjourned.

 

And the Question being put. It was negatived on the following division:

 

YEA

 

 

Cummings

Dacquay

Derkach

Driedger

Enns

Gerrard

Gilleshammer

Hawranik

Helwer

Loewen

Maguire

Mitchelson

Murray

Penner (Emerson)

Penner (Steinbach)

Pitura

Reimer

Schuler

Tweed 19

 

NAY

 

Aglugub

Allan

Ashton

Asper

Barrett

Caldwell

Chomiak

Dewar

Friesen

Jennissen

Korzeniowski

Lathlin

Lemieux

Mackintosh

Maloway

Martindale

McGifford

Nevakshonoff

Reid

Robinson

Rondeau

Sale

Santos

Schellenberg

Selinger

Smith (Brandon West)

Struthers

Wowchuk 28

WHEREUPON Mr. Speaker informed the House that when the debate on Bill (No. 14) is resumed, the Honourable Member for Lac du Bonnet will have to speak immediately or lose his right to speak.

______________________________

During the debate on Bill (No. 14), Mr. Tweed rose on a point of order regarding the absence of the Honourable Minister of Education, Training and Youth,

 

And Hon. Mr. Mackintosh having spoken to the point of order,

 

WHEREUPON Mr. Speaker ruled that there was no point of order,

 

From his decision, Mrs. Dacquay 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:

 

YEA

 

 

Aglugub

Allan

Ashton

Asper

Barrett

Caldwell

Chomiak

Dewar

Friesen

Jennissen

Korzeniowski

Lathlin

Lemieux

Mackintosh

Maloway

Martindale

McGifford

Mihychuk

Nevakshonoff

Reid

Robinson

Rondeau

Sale

Santos

Schellenberg

Selinger

Smith (Brandon West)

Struthers

Wowchuk 29

 

NAY

 

Cummings

Dacquay

Derkach

Driedger

Enns

Faurschou

Gerrard

Gilleshammer

Hawranik

Helwer

Loewen

Maguire

Mitchelson

Penner (Emerson)

Penner (Steinbach)

Pitura

Reimer

Schuler

Smith (Fort Garry)

Tweed 20

______________________________

 

1:30 O'CLOCK P.M.

Hon. Ms. McGifford presented:

 

Supplementary Information for Legislative Review 2002-2003 – Departmental Expenditure Estimates – Status of Women

(Sessional Paper No. 159)

 

Supplementary Information for Legislative Review 2002-2003 – Departmental Expenditure Estimates – Seniors Directorate

(Sessional Paper No. 160)

______________________________

 

By leave, Hon. Mr. Mackintosh introduced, Bill (No. 34) – The Charter Compliance Act/Loi sur l'observation de la Charte, and outlined the purposes thereof, it was read a First Time.

______________________________

During Oral Questions, Mr. Loewen rose on a point of order regarding the word "rat" spoken by the Honourable Minister of Justice and Attorney General.

 

And Hon. Mr. Mackintosh and Mr. Tweed having spoken to the point of order,

Hon. Mr. Mackintosh voluntarily withdrew his remarks.

______________________________

 

Pursuant to Rule 23(1), Mr. Nevakshonoff, Mrs. Smith (Fort Garry), Messrs. Aglugub and Helwer and Ms. Asper made Members’ Statements.

______________________________

In accordance with Rule 24, Messrs. Struthers and Enns rose on grievances.

______________________________

During Orders of the Day, Mr. Tweed rose on a point of order regarding alleged negotiations between the two House Leaders,

WHEREUPON Mr. Speaker ruled that there was no point of order,

 

From his decision, Mr. Tweed 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:

YEA

 

 

Aglugub

Allan

Ashton

Asper

Barrett

Caldwell

Cerilli

Chomiak

Dewar

Friesen

Jennissen

Korzeniowski

Lathlin

Lemieux

Mackintosh

Maloway

Martindale

McGifford

Mihychuk

Nevakshonoff

Reid

Robinson

Rondeau

Sale

Santos

Schellenberg

Selinger

Smith (Brandon West)

Struthers

Wowchuk 30

 

NAY

 

Dacquay

Derkach

Driedger

Enns

Gilleshammer

Hawranik

Helwer

Loewen

Maguire

Mitchelson

Murray

Penner (Emerson)

Pitura

Reimer

Rocan

Schuler

Smith (Fort Garry)

Stefanson

Tweed 19

______________________________

 

The House resumed the Adjourned Debate on the Proposed Motion of Hon. Mr. Caldwell:

 

THAT Bill (No. 14) – The Public Schools Modernization Act (Public Schools Act Amended)/Loi sur la modernisation des écoles publiques (modification de la Loi sur les écoles publiques), be now read a Second Time and be referred to a Committee of this House.

 

And Mr. Derkach rose on a point of order regarding responses provided by the Honourable Minister of Education, Training and Youth during Oral Questions and Beauchesne citation 417.

WHEREUPON Mr. Speaker ruled that there was a point of order, but the point of order should have been raised at the appropriate time during Oral Questions,

 

From his decision, Mr. Derkach 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:

YEA

 

 

Aglugub

Allan

Ashton

Asper

Barrett

Caldwell

Cerilli

Chomiak

Dewar

Friesen

Jennissen

Korzeniowski

Lathlin

Lemieux

Mackintosh

Maloway

Martindale

McGifford

Mihychuk

Nevakshonoff

Reid

Robinson

Rondeau

Sale

Santos

Schellenberg

Selinger

Smith (Brandon West)

Struthers

Wowchuk 30

 

NAY

 

Dacquay

Derkach

Driedger

Enns

Gilleshammer

Hawranik

Helwer

Maguire

Mitchelson

Murray

Penner (Emerson)

Pitura

Rocan

Schuler

Smith (Fort Garry)

Tweed 16

 

WHEREUPON Mr. Speaker informed the House that when the debate on Bill (No. 14) is resumed, the Honourable Member for Lac du Bonnet will have to speak immediately or lose his right to speak.

______________________________

Mr. Schuler moved:

 

Resolution No. 12: Bill 44 – The Labour Relations Amendment Act (2)

WHEREAS Bill 44, The Labour Relations Amendment Act (2), which received Royal Assent on August 18, 2000, was a highly publicized piece of legislation that received much criticism across the province; and

 

WHEREAS Bill 44 is widely believed to reflect negatively on Manitoba's economy, possibly even discouraging businesses from locating in Manitoba thereby inhibiting the province's future growth and prosperity; and

 

WHEREAS the Provincial Government did not adequately consider public debate on Bill 44, invoking closure on the Standing Committee on Industrial Relations, prompting many delegations to leave rather than be forced to present in the middle of the night; and

 

WHEREAS The Labour Relations Amendment Act (2) denies workers of their democratic rights to a secret ballot vote for or against union certification, making certification automatic when 65% or more of affected employees sign union cards; and

 

WHEREAS the Provincial Government appeared to condone acts of violence when it initially sought to include in its amendments to The Labour Relations Act the requirement that employers hire back employees who participated in violence during a strike; and

 

WHEREAS Bill 44 is a regressive piece of legislation that limits workers' rights to a free and democratic vote in their workplace.

 

THEREFORE BE IT RESOLVED that the Legislative Assembly of Manitoba urge the Provincial Government to consider revoking Bill 44 to provide an environment which is more conducive to future business development in Manitoba; and

 

BE IT FURTHER RESOLVED that the Legislative Assembly of Manitoba urge the Provincial Government to heed the words of the Minister of Labour and Immigration when she stated on November 9, 2000 that: "In order to go into binding arbitration, both sides would have to agree to it…it would be very unfair if only one side agreed to binding arbitration and the other side didn't."

 

And a debate arising,

 

And Mr. Schuler, Hon. Ms. Barrett and Mr. Jennissen having spoken,

 

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

______________________________

The House then adjourned at 6:00 p.m. until 1:30 p.m. Monday, June 10, 2002.

 

 

Hon. George Hickes,

Speaker.