Published by Order of the Legislature by Hansard Reporting Services and printed by the Queen's Printer.

Available on INTERNET at http://www.gov.ns.ca/legislature/HOUSE_BUSINESS/hansard.html

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HALIFAX, MONDAY, OCTOBER 31, 2005

Fifty-ninth General Assembly

First Session

2:00 P.M.

SPEAKER

Hon. Murray Scott

DEPUTY SPEAKERS

Mr. James DeWolfe, Mr. Charles Parker, Ms. Diana Whalen

MR. SPEAKER: Order, please. We will begin the daily routine.

PRESENTING AND READING PETITIONS

PRESENTING REPORTS OF COMMITTEES

TABLING REPORTS, REGULATIONS AND OTHER PAPERS

STATEMENTS BY MINISTERS

GOVERNMENT NOTICES OF MOTION

MR. SPEAKER: The honourable Minister of Service Nova Scotia and Municipal Relations.

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RESOLUTION NO. 4983

HON. BARRY BARNET: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Lou Gannon, a former resident of Lower Sackville, has been named to his third consecutive term as a member of the Nova Scotia Human Rights Commission; and

Whereas as a commissioner, Mr. Gannon is one of the people responsible for policy and has the authority to approve settlements of complaints; and

Whereas Mr. Gannon is a well-known and respected member of this community, acting as the facility manager of the North Preston Community Centre;

Therefore be it resolved that all members of this House join me in congratulating Mr. Lou Gannon on his recent appointment and wish him all the best in his future endeavours.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Minister of Agriculture and Fisheries.

RESOLUTION NO. 4984

HON. CHRISTOPHER D'ENTREMONT: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Mr. Lorne Hefler of Lower Sackville recently concluded a 36-year history with Belgian draft horses, with horses brought into the country by him winning champion and reserve champion in the six-horse hitch at the 2005 Maritime Fall Fair; and

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Whereas Mr. Hefler has shown his prized Belgian draft horses across the Maritimes, as well as at the Royal Winter Fair in Toronto; and

Whereas to show you just how involved Mr. Hefler was in the Belgian draft horse class, of the 42 Belgian horses showing at this year's Maritime Fall Fair, 32 had been owned at one point by Mr. Hefler;

Therefore be it resolved that all MLAs in this House recognize the significant dedication and desire to perform with the best, which has been shown by Lorne Hefler since 1969 with his Belgian draft horses, and wish him every success, while his son Brenton keeps the competitive spirit alive in the Hefler family, showing two Belgians instead of the eight his father always brought to fairs.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Minister of Tourism, Culture and Heritage.

RESOLUTION NO. 4985

HON. RODNEY MACDONALD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Highland Links Golf Course has been named the number one course in Canada by Golf Magazine; and

Whereas on a list of the top 100 courses in the world Highland Links placed 71^st, the highest Canadian ranking; and

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Whereas another publication and read across North America, Golf Digest, has also rated Highland Links as its top Canadian public course;

Therefore be it resolved that all MLAs recognize the wonders of Highland Links and the magnificent potential such rankings provide to build upon Nova Scotia and Cape Breton becoming an even stronger tourist destination for golfers.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, with the concurrence of the House, I would like to revert to the order of business, Tabling Reports, Regulations and Other Papers.

MR. SPEAKER: Is it agreed?

It is agreed.

TABLING REPORTS, REGULATIONS AND OTHER PAPERS

MR. SPEAKER: The honourable Minister of Economic Development.

HON. ERNEST FAGE: Mr. Speaker, it's my pleasure to table the 2004/2005 Annual Report for Nova Scotia Business Inc.

MR. SPEAKER: The report is tabled.

The honourable Minister of Energy.

HON. CECIL CLARKE: Mr. Speaker, I'm pleased to table the 2004-05 Annual Report for the Canada-Nova Scotia Offshore Petroleum Board.

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MR. SPEAKER: The report is tabled.

INTRODUCTION OF BILLS

Bill No. 274 - Entitled an Act Respecting the Society of Management Accountants of Nova Scotia. (Hon. Peter Christie)

MR. SPEAKER: Ordered that this bill be read a second time on a future day.

[2:15 p.m.]

NOTICES OF MOTION

MR. SPEAKER: The honourable member for Halifax Needham.

MS. MAUREEN MACDONALD: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Brian MacKay-Lyons is an architect and resident of the north end of Halifax who is widely recognized as one of the leading proponents of the regional style, which uses local materials and traditions but adapts them to his own distinctive vision; and

Whereas Brian MacKay-Lyons has created a series of distinctive and striking buildings, both residential and commercial, in locations ranging from the seacoast of Nova Scotia to Dacca, Bangladesh; and

Whereas Brian MacKay-Lyons has recently become the subject of a book entitled Plain Modern: The Architecture of Brian MacKay-Lyons, written by Malcolm Quantrill, which both discusses and celebrates the work of the book's subject;

Therefore be it resolved that the Nova Scotia Legislature thank Brian MacKay-Lyons for his outstanding contributions to architecture in Nova Scotia, and congratulate him on the international recognition he has received as the subject of Plain Modern: The Architecture of Brian MacKay-Lyons.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Preston.

MR. KEITH COLWELL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the 2005 Canadian Canoe Championships were held in Montreal on August 31^st to September 3^rd; and

Whereas Jordan Coyle, Ryan Gardiner, Alex Jacobi and Douglas Miles from the Orenda Canoe Club competed in the Juvenile Men's K-4 1,000 metre; and

Whereas Jordan, Ryan, Alex and Douglas won gold and became the national champions, setting a new juvenile K-4 record;

Therefore be it resolved that members of this House of Assembly congratulate Jordan, Ryan, Alex and Douglas, and wish them continued success with their paddling careers;

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

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The honourable member for Eastern Shore.

MR. WILLIAM DOOKS: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas on October 31, 1969, our very own Minister of Agriculture and Fisheries and MLA for Argyle was born; and

Whereas the Honourable Chris d'Entremont celebrates his birthday today and I would like to wish him Bonne Fete, mon ami; and

Whereas on this day he shares his birthday with such famous people as the late John Candy, Vanilla Ice, and the Honourable David Morse, Minister of Community Services born on this day in 1954, which makes him a few years older than me;

Therefore be it resolved that all members of this House wish Chris d'Entremont and David Morse a very Happy Birthday and many more happy, healthy years.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried. (Applause)

Order, please.

The honourable member for Cole Harbour-Eastern Passage.

MR. KEVIN DEVEAUX: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

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Whereas Eastern Passage is a growing community with a growing demand for licensed child care facilities; and

Whereas Perri Shippien has been operating Perriwinkle's Child Care Centre in Eastern Passage since 2001; and

Whereas Perri Shippien has worked extremely hard to build a new building to operate Perriwinkle's Child Care Centre;

Therefore be it resolved that this House recognize the efforts of Perri Shippien and her staff to create more child care spaces in Eastern Passage, and congratulate them on the opening of the new facility for Perriwinkle's Child Care Centre.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Kings West.

MR. LEO GLAVINE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the personnel of 14 Wing Greenwood pulled together in an effort to raise both 47,000 pounds of food and financial contributions of $20,400 for Feed Nova Scotia; and

Whereas 50 members worked to pull a Hercules aircraft full of food donated by the community 100 metres; and

Whereas Corporal Simon Kardynal, Corporal Bryce Mason, Private Jeff Hull and Private Wayne Fowler formed the ACS Herc Committee organizing the event, and were able to rally not only 14 Wing Greenwood, but the community as a whole to ensure this event was a tremendous success;

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Therefore be it resolved that members of this House congratulate 14 Wing Greenwood and acknowledge the contribution the ACS Herc Committee has made to gather the single largest food donation ever to Feed Nova Scotia, and wish them every success in the future.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Kings North.

MR. MARK PARENT: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Kings Transit Authority officially launched five new Flyer buses at a ceremony in Kentville, June 8^th; and

Whereas Shirley Pearl, widow of the late Kentville mayor Gary Pearl, cut the ribbon to launch the first bus named Gary Pearl and a second bus named Andy Patterson after the recently retired long-time general manager; and

Whereas the cost of the five buses totalled almost $2.2 million, and was funded by the Kings County member municipalities on a percentage basis: Kings County contributed 60 per cent; Kentville, 20 per cent; Wolfville, 15 per cent; and Berwick, 5 per cent;

Therefore be it resolved that all members of this House congratulate the Kings Transit Authority on launching these new easy access buses and hope it makes transportation within Kings County a little easier for those who need to use the service.

Mr. Speaker, I request waiver of notice.

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MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Halifax Atlantic.

RESOLUTION NO. 4992

MS. MICHELE RAYMOND: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas St. Paul's Anglican Church has operated Jubien House on the Purcell's Cove Road for 25 years as a home for the children of troubled homes; and

Whereas up to six young people at a time can live in the comfortable environment of Jubien House with caring adult supervision; and

Whereas Jubien House was dedicated on October 26, 2005 with the blessing of all the bedrooms, the kitchen, the recreation room, the backyard - not forgetting the furnace room;

Therefore be it resolved that this House send its best wishes to the residents and staff of Jubien and thank the rector of St. Paul's for his kind, conscientious and detailed blessing of the house and grounds.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

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The motion is carried.

The honourable member for Digby-Annapolis.

RESOLUTION NO. 4993

MR. HAROLD THERIAULT: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Minister of Community Services has encouraged transition houses and women's programs to coordinate and amalgamate services; and

Whereas Juniper House in Yarmouth and CASA in Digby have worked tirelessly on a plan that will provide more effective and cost-efficient programs to women in both Yarmouth and Digby Counties; and

Whereas the assistant deputy minister wrote to the groups and approved a budget which the minister is now refusing to honour;

Therefore be it resolved that members of this House acknowledge the hard work and dedication of both Juniper House and CASA, and ask the Minister of Community Service to honour the letter sent from his department which approves the merger and all the budget requirements needed to ensure that the process is a successful one.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

I hear a No.

The notice is tabled.

The honourable member for Chester-St. Margaret's.

RESOLUTION NO. 4994

MS. JUDY STREATCH: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Fred Keillor, a lifetime member of the Chester Basin Royal Canadian Legion, has been awarded the Legion's highest honour; and

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Whereas Fred Keillor was given the Meritorious Service Medal for his 27-year commitment to the Royal Canadian Legion; and

Whereas along with being a dedicated Legion member, Fred Keillor served on the Chester Basin branch executive as zone commander and as the Nova Scotia Command president;

Therefore be it resolved that all members of this House congratulate Fred Keillor on receiving the Meritorious Service Medal award, and thank him for his dedication and commitment to the Royal Canadian Legion and its members.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Cape Breton West.

RESOLUTION NO. 4995

MR. RUSSELL MACKINNON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas William and Geertje Head are residents of Howie Centre on Cape Breton Island; and

Whereas William and Geertje raised three children, seven grandchildren and 12 great-grandchildren; and

Whereas Mr. and Mrs. Head will be married 60 years on November 28, 2005, with a celebration on November 25, 2005 at the Delta Hotel in Sydney;

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Therefore be it resolved that all members of this House join with family and friends of William and Geertje in congratulating them on their 60^th Wedding Anniversary, wishing them many more years of continued health and happiness.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Halifax Chebucto.

RESOLUTION NO. 4996

MR. HOWARD EPSTEIN: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the disastrous flooding that recently devastated the City of New Orleans and the State of Louisiana following Hurricane Katrina was a national emergency in the United States; and

Whereas the response to the emergency included persons brought in from Canada; and

Whereas one such person is John Webb, director of Emergency Social Services in the Nova Scotia Department of Community Services who operated an emergency shelter through the auspices of the American Red Cross;

Therefore be it resolved that this House commend Mr. John Webb of the Department of Community Services for his work in operating an emergency shelter in New Orleans to help persons who became homeless due to Hurricane Katrina.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Victoria-The Lakes.

RESOLUTION NO. 4997

MR. GERALD SAMPSON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Cape Breton Capers were victorious at the Subway Centennial Women's Basketball Tournament on the weekend; and

Whereas forward Maureen Murrin, was nine of 17 from the field and totaled 23 points in the win; and

Whereas Natasha Eadie was the only other player in the double digits with 13 points;

Therefore be it resolved that the members of this House congratulate the Cape Breton Capers Women's Basketball team on their tournament victory and wish them best of luck in the future.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Pictou East.

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RESOLUTION NO. 4998

MR. JAMES DEWOLFE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Knights of Columbus, New Glasgow Council 1667, recently honoured Westville's Errol O'Neill with the Star Council Award, recognizing excellence in volunteer and charitable activities and in the recruiting of members; and

Whereas Mr. O'Neill is Grand Knight of the Knights of Columbus, New Glasgow Council 1667; and

Whereas besides Mr. O'Neill's award that was presented, the New Glasgow Council 1667 held their annual meeting and election of officers in September;

Therefore be it resolved that all MLAs in this House of Assembly recognize the significant community efforts put forth by the Knights of Columbus, New Glasgow 1667, and wish them continued good fortune as they strive to do whatever they can in Pictou County.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Timberlea-Prospect.

RESOLUTION NO. 4999

MR. WILLIAM ESTABROOKS: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas on Thursday, October 27^th, Beachville-Lakeside-Timberlea Elementary School held its Town Hall, featuring awards and student presentations, hosted by Principal Michael O'Leary; and

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Whereas the Golden Apple Award, recognizing the contribution of volunteers in the Halifax Regional School Board, was presented to Deidre Saumure; and

Whereas Deidre is a dedicated, valuable volunteer at Beechville-Lakeside-Timberlea Elementary School;

Therefore be it resolved that the Nova Scotia Legislature congratulate Deidre Saumure on her Golden Apple Award and thank her for her continuing contribution to the students of Beechville-Lakeside-Timberlea Elementary School.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Halifax Clayton Park.

RESOLUTION NO. 5000

MS. DIANA WHALEN: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas breast cancer is the most common cancer among Canadian women and an estimated 710 women in Nova Scotia will be diagnosed with breast cancer this year alone; and

Whereas Titz 'n Glitz is a well-established breast cancer fundraiser for women only, to support friends, neighbours and people they love who are diagnosed with breast cancer; and

Whereas this fundraiser has raised over $500,000 since 1995, and these funds are distributed with the help of hospitals and social work departments across the province to aid breast cancer survivors in financial need;

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Therefore be it resolved that all members of the House congratulate Titz 'n Glitz on its 10^th Anniversary and encourage women to attend this year's fundraising gala on November 3^rd, at Pier 21 in Halifax.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Eastern Shore.

RESOLUTION NO. 5001

MR. WILLIAM DOOKS: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas on September 23^rd at Pier 21, 23 new constables graduated from the HRM Police Science Program; and

Whereas these 23 brave new officers will work to enhance the safety and security in our neighbourhoods; and

Whereas my daughter, Michelle Dooks-Fahie, was one of those graduates bravely taking to the streets to serve and protect the citizens in her community;

Therefore be it resolved that all members of this House congratulate the 23 new recruits on successfully completing the Police Science Program, and wish them success and safety as they start their new careers.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

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It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable Leader of the Opposition.

[2:30 p.m.]

RESOLUTION NO. 5002

MR. DARRELL DEXTER: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Tommy Douglas, recognized as one of Canada's greatest citizens, served as the NDP Premier of Saskatchewan from 1944 to 1961; and

Whereas amongst Tommy Douglas' many contributions includes establishing the first public hospitalization program in Canada, and creating Canada's first Medicare program; and

Whereas the Government of Saskatchewan enacted legislation to acknowledge the contributions of Thomas Clement Douglas by celebrating Tommy Douglas Day throughout the province on October 20^th of each year;

Therefore be it resolved that the House of Assembly recognize the many contributions of Tommy Douglas to our country, and congratulate the Government of Saskatchewan for delaring October 20^th of each year Tommy Douglas Day.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

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The honourable member for Annapolis.

MR. STEPHEN MCNEIL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas many seniors in this province spent time and energy over the past number of months getting their money back from the Pharmacare Program; and

Whereas the Liberal caucus' efforts ended with the government refunding all money wrongfully charged to seniors; and

Whereas the Minister of Health and his staff did the right thing in the end - giving the money back to the seniors who need it the most;

Therefore be it resolved that all members of this House congratulate the Minister of Health on doing the right thing, doing what the Liberal caucus asked them to do in refunding all monies wrongfully charged to seniors.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

I hear a No.

The notice is tabled.

The honourable Minister of Human Resources.

HON. CAROLYN BOLIVAR-GETSON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas businesses of all sizes and types are crucial to having a healthy economy; and

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Whereas it is essential that we celebrate the business successes in our communities; and

Whereas the Bridgewater and Area Chamber of Commerce hosted the 2005 Lunenburg County Business Excellence Awards;

Therefore be it resolved that this House congratulate Glen and Marilyn Hebb, owners of Indian Garden Farms in Hebbville, for being the recipients of the Grassroots Excellence Award.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Cape Breton Centre.

MR. FRANK CORBETT: Mr. Speaker, on behalf of the honourable member for Hants East, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas entrepreneurs create jobs, tax revenue and achieve personal fulfillment through their creative energies; and

Whereas First Nations women are increasingly striking out on their own into the world of business; and

Whereas Ms. Annie Ronnie Paul of Indian Brook was recently awarded an Aboriginal Entrepreneurship Award for her years of operating her Canteen and Wooden Flowers;

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Therefore be it resolved that this House of Assembly congratulate Ms. Annie Ronnie Paul on her Aboriginal Entrepreneurship Award and wish her success in her business for the future.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Digby-Annapolis.

MR. HAROLD THERIAULT: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas young people who pursue a career in elderly care are leaving our rural communities for other regions in order to find able employment; and

Whereas the population of Digby-Annapolis has a significant number of seniors lacking proper care and appropriate facilities to aid these people; and

Whereas there are businesses in the area interested in building assisted-living seniors' boarding homes, but the required government initiative does not exist to move these proceedings forward;

Therefore be it resolved that the members of this House of Assembly strongly urge the government to help those involved with creating seniors' housing, ensuring more jobs for care workers and security for our elderly.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

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Is it agreed?

I hear a No.

The notice is tabled.

The honourable Minister of Education.

HON. JAMES MUIR: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Ryan Andrews, Charles "Bobo" Eyrich, and Kelsey MacKenzie, who are students at Cobequid Educational Centre, won the 2005 Reach for Dalhousie competition; and

Whereas the CEC team outscored Kennebecasis Valley High School from New Brunswick in a close match to claim the title; and

Whereas by virtue of their win, the CEC team members earned free tuition in their first year of study at Dalhousie University;

Therefore be it resolved that all members of this House congratulate CEC students Ryan Andrews, Charles "Bobo" Eyrich, and Kelsey MacKenzie on winning the Reach for Dalhousie competition, and wish them every success in the future.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Pictou West.

[Page 9299]

MR. CHARLES PARKER: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Pictou Lodge has been recognized for the second time with a Commitment to Excellence Property Recognition Award, and is one of only six organizations recognized as Employers of Choice in this province by the Tourism Industry Association of Nova Scotia; and

Whereas almost all of Pictou Lodge's staff, from housekeeping, front desk, dining room and sales, have been certified under the Tourism Human Resources Council; and

Whereas Pictou Lodge offers top-rate accommodations in a spectacular setting, with a fully professional staff;

Therefore be it resolved that this Nova Scotia Legislature congratulate Pictou Lodge General Manager Alain Bosse, and all employees, for offering quality accommodations to Nova Scotians and the world.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Victoria-The Lakes.

MR. GERALD SAMPSON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Cape Breton Screaming Eagles of the Quebec Major Junior Hockey League set two new franchise records during recent home-ice action; and

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Whereas the team broke their previous win streak of seven games with their new streak of nine games; and

Whereas the team also broke their previous road-record victory streak with their recent fifth victory away;

Therefore be it resolved that the members of this House recognize the hard work of the Cape Breton Screaming Eagles, and wish them the best of luck as they begin a new set of winning streaks in the QMJHL.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Dartmouth South-Portland Valley.

MS. MARILYN MORE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas this Winter is going to be a struggle for many people in the HRM who are homeless or at high risk of homelessness; and

Whereas the Halifax Regional Municipality's Housing and Homelessness Committee and staff created a green card to hand out to homeless and high-risk residents, full of resources on where they can get help; and

Whereas this Winter will be the second year for the green card, which has become a valuable tool for organizations to get the word out to residents about the services they provide;

[Page 9301]

Therefore be it resolved that the members of this Legislature congratulate the HRM Council and staff on the green card initiative, recognizing that it may not solve all the complex issues around homelessness but it is one way of helping those in need.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Glace Bay.

MR. DAVID WILSON (Glace Bay): Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Sydney and Area Chamber of Commerce recently announced its 2005 Business Excellence Awards; and

Whereas Breton Books was honoured with a Business Excellence Award, which is presented to companies which have shown outstanding achievement during the current business year; and

Whereas Ron Caplan has spent the past 30 years bringing to life stories and challenges that define both the history and culture of Cape Breton;

Therefore be it resolved that the members of this House acknowledge and congratulate Ron Caplan of Breton Books for his most recent award, and extend their best wishes for many more successful years of capturing the spirit and history of Cape Breton through the written word.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

[Page 9302]

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Halifax Fairview.

MR. GRAHAM STEELE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas this government routinely issues a news release praising itself and taking credit in any month when the unemployment rate goes down; and

Whereas this government never issues a news release taking responsibility when the unemployment rate goes up; and

Whereas the Nova Scotia unemployment rate in September leapt from 7.2 per cent to 8.4 per cent, and true to form the government made no statement, issued no news release, and took no responsibility;

Therefore be it resolved that this House ask the Minister of Finance and the Premier to explain why, if they take the credit when the unemployment rate goes down, they never, ever, ever take responsibility when the unemployment rate goes up, as it did in September.

Mr. Speaker, this being such a worthwhile resolution, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

I hear several Noes.

The notice is tabled.

The honourable Leader in the House of the Liberal Party.

[Page 9303]

MR. MICHEL SAMSON: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas in a report dated November 14, 2003, the Auditor General noted, "I have expressed concerns about how the obligations and costs associated with retirement health benefits were not fully and adequately taken into account in the financial projections included in the budget support and the debt reduction plan."; and

Whereas these concerns were expressed directly to former Finance Minister Neil LeBlanc; and

Whereas these concerns have yet to be addressed by the former minister of this government;

Therefore be it resolved that the members of this House recognize that while this government claims they have fully opened the books to greater scrutiny, former Minister of Finance Neil LeBlanc followed proper disclosure when he felt like it, not when he was obliged to do so.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

It is agreed?

I hear several Noes.

The notice is tabled.

The honourable member for Dartmouth North.

RESOLUTION NO. 5014

MR. JERRY PYE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Harbour View School Breakfast Program has celebrated its 10^th year of providing breakfast to children before attending school; and

[Page 9304]

Whereas during the 10 years, more than 62,210 nutritional meals have been served; and

Whereas the breakfast program is a wonderful example of a community and volunteers coming together to take care of a need;

Therefore be it resolved that the Nova Scotia Legislative Assembly acknowledge the tremendous contribution made by the parish of Holy Trinity Emmanuel Church toward the progress of the Harbour View School Breakfast Program.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Halifax Clayton Park.

RESOLUTION NO. 5015

MS. DIANA WHALEN: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas the Progress Centre for Early Intervention is a resource and support centre for families who have children with special needs in the Halifax Regional Municipality; and

Whereas early intervention means helping families who have infants and young children, between birth and six years of age, with developmental delays and special needs; and

Whereas the progress centre offers a range of programs and options based on individual family needs, as well as the unique needs of each child;

[Page 9305]

Therefore be it resolved that all members of the Legislature recognize the importance of the services and resources that the Progress Centre for Early Intervention provides to families of children with special needs.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Cape Breton Nova.

RESOLUTION NO. 5016

MR. GORDON GOSSE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas for the period of October 10 to 16, 2005, David Davenport, Cape Breton Screaming Eagles goaltender, was named Defensive Player of the Week; and

Whereas during that period, he won two games, compiled a 1.44 goals against average, and a save percentage of .944; and

Whereas David's performance was a major contribution in helping the Eagles extend their winning streak to five games;

Therefore be it resolved that the Members of the Legislative Assembly acknowledge the puck-stopping exploits of David Davenport and wish him continued success in the season ahead.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

[Page 9306]

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Clare.

RESOLUTION NO. 5017

MR. WAYNE GAUDET: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas on Saturday, October 29, 2005, the Acadia Axemen defeated the St. Francis Xavier X-men, 47-13 in the final game of the regular season; and

Whereas by virtue of this win, Acadia finishes the season with a 5-3 record, with a points for and against advantage over St. F.X.; and

Whereas on November 12, 2005, the Acadia Axemen will have home-field advantage for the AUS football championship and will play the winner of this week's game between Saint Mary's and St. F.X.;

Therefore be it resolved that the members of this House congratulate the Acadia Axemen on their successful season to date, and wish them all the best in the championship final on November 12, 2005.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Preston.

[Page 9307]

RESOLUTION NO. 5018

MR. KEITH COLWELL: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Rosa Parks was an inspiration to the world for the strength of her character, her steadfast resolve and willingness to stand against oppression and discrimination, and for her actions 50 years ago on a city bus in Montgomery, Alabama, that began a social revolution for civil rights; and

Whereas racism still surfaces throughout the world and in Nova Scotia it is no exception, especially now as we focus on attracting new immigrants to our beautiful province and welcome the different cultures to enrich our communities; and

[2:45 p.m.]

Whereas Ms. Parks remained a symbol of how a single person could make a difference in society by being an example of justice and humanity, of acceptance and harmony, and of peace and tolerance;

Therefore be it resolved that the Nova Scotia Legislature recognizes the significance of Ms. Parks' action and strive to eliminate racism and social prejudice from our daily lives as well as how we represent our Province of Nova Scotia.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

The honourable member for Kings West.

[Page 9308]

RESOLUTION NO. 5019

MR. LEO GLAVINE: Mr. Speaker, I hereby give notice that on a future day I shall move the adoption of the following resolution:

Whereas Jim Hampsey is considered one of the best all-round athletes in the Berwick area; and

Whereas Jim's achievements have promoted the growth of sports in his community; and

Whereas the Town of Berwick has honoured Jim Hampsey by inducting him into their Sports Hall of Fame;

Therefore be it resolved that members of this House acknowledge and congratulate Jim Hampsey for his exceptional abilities as an athlete and for his contributions to the community, sports and recreation.

Mr. Speaker, I request waiver of notice.

MR. SPEAKER: There has been a request for waiver.

Is it agreed?

It is agreed.

Would all those in favour of the motion please say Aye. Contrary minded, Nay.

The motion is carried.

GOVERNMENT BUSINESS

MR. SPEAKER: The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call the order of business, Public Bills for Third Reading.

PUBLIC BILLS FOR THIRD READING

MR. SPEAKER: The honourable Government House Leader.

HON. RONALD RUSSELL: Mr. Speaker, would you please call Bill No. 203.

[Page 9309]

Bill No. 203 - Involuntary Psychiatric Treatment Act.

MR. SPEAKER: The honourable Minister of Health.

HON. ANGUS MACISAAC: Mr. Speaker, I move that this bill be now read for a third time.

MR. SPEAKER: The honourable member for Halifax Needham.

MS. MAUREEN MACDONALD: Mr. Speaker, I want to take a bit of time to summarize the NDP caucus' concerns about the involuntary treatment bill and to speak to the fact that while we do not support this bill, even if it could have been amended, we thought it was important to attempt to do some amending to this bill. I want to talk about what those amendments were that we thought would have made this bill a better bill on the record. Mr. Speaker, as you know, amendments are not part of the public record.

This bill expends the powers of government agencies, agents, the psychiatric profession to intervene, detain, restrain and treat involuntarily people with mental health disorders. This bill introduces into our health care system a couple of new features. One being certificates of leave for people who have a mental health disorder who are involuntarily in a psychiatric facility. What this does is it now means involuntary patients can be discharged into the community and have their involuntary status maintained while they live in the community.

It also means that those who are no longer involuntary patients, indeed may never have been involuntary patients, can be discharged into the community under community treatment orders and essentially required to comply with certain conditions laid out in a community treatment order. Failure to comply with these conditions will mean that a police officer will be able to be sent to pick the person up and return them to a mental health facility against their will if that is the situation.

These are extraordinary powers and extraordinary measures for dealing with people with mental health disorders in many respects. It's not the approach that this caucus would prefer to be taken when dealing with people with mental health disorders.

We all recognize that not so long ago families and government, in dealing with people with mental health disorders, sometimes had their family member locked away. Psychiatric facilities in the Province of Nova Scotia had locked wards and locked wards in this province were common in the 1960s and into the 1970s. (Interruptions)

[Page 9310]

MR. SPEAKER: Order, please. There's quite a bit of noise in the Chamber. I would ask the honourable members to please take their conversations outside.

The honourable member for Halifax Needham has the floor.

MS. MAUREEN MACDONALD: Mr. Speaker, during periods of locked wards many people received treatment that they needed, and good treatment. We also know that during those periods there were unspeakable treatments in locked facilities. It has been well documented - the kind of treatment that occurred where people received electric shock treatments, they received, in fact, surgical procedures that we commonly call lobotomies and the administering of very harsh medications, including chlorpromazine.

MR. SPEAKER: Order, please. Would the honourable member allow for an introduction, please?

MS. MAUREEN MACDONALD: Certainly.

MR. SPEAKER: The honourable member for Halifax Clayton Park on an introduction.

MS. DIANA WHALEN: Mr. Speaker, thank you for allowing the interruption. I would like to draw the members' attention to the Speaker's Gallery. We have a guest with us today whose name is Jim Hoskins. He is a retired HRM police officer, an active community member, and he is also the Liberal candidate in Halifax Atlantic. I hope that everybody will make our guest feel welcome today. (Applause)

MR. SPEAKER: We certainly welcome our former police officer to the gallery today and hope he enjoys the proceedings. It's nice to see you, Jim.

The honourable member for Halifax Needham.

MS. MAUREEN MACDONALD: Mr. Speaker, it was probably back in the 1960s and 1970s, a period of human rights movements around the western world, that questions were raised around the treatment of people with mental health disorders on locked wards and in psychiatric facilities. Those questions, I think, led to the amendments that we saw in the Province of Nova Scotia in our Hospitals Act that defined the circumstances under which people could be involuntarily detained and treated in a psychiatric facility. Those measures tended to be with a test of whether or not someone with a mental health disorder was a danger to themselves or to someone else and, in addition, they lacked the capacity to determine their own treatment.

[Page 9311]

So it was I think probably in the mid-1970s, the late 1970s, when I worked at the Nova Scotia Hospital in the late 1970s, there were still at least two locked wards in that facility, but the locks were slowly coming off the doors. There were new approaches to dealing with people with mental health disorders - approaches that really rested on a belief that it was important to develop relationships with people with mental health disorders and to intervene in caring for and in treating people with mental health disorders in a way that gained their trust and their co-operation and their involvement in their own treatment because that seemed to be both what worked for people with mental health disorders and that's what we all wanted. We wanted a system that would work.

Mr. Speaker, we all know that there is a huge amount of stigma associated with having a mental health disorder. Some people have called this the last taboo. There is quite often a perception that has been perpetrated over many, many centuries really that having a mental health disorder equals being odd, or crazy, dangerous, difficult, unintelligent, and nothing could be further from the truth. These are gross generalizations. There may be some people who have a mental health disorder, a very small percentage who, in fact, do pose danger, but certainly there is no correlation between having a mental health disorder and being unintelligent, being difficult, odd or dangerous, or any of those terrible stigmas or stereotypes.

Certainly one of the things that was voiced at the Law Amendments Committee and is of concern with respect to this bill is that this bill in some ways feeds into the stigmatization, the stereotyping of people with mental health disorders, rather than bringing in a Mental Health Act that would provide some positive rights for people with mental health disorders, the right to timely treatment and care, the right to having services available to them in their communities, for example. This bill takes a much different and much more narrow approach, and it leaves the public with the impression that there are people with mental health disorders, or that population is a population who can only be treated in an involuntary way because they pose such difficulties.

I was concerned at the number of times throughout the Law Amendments Committee process that people with mental health disorders were spoken of as being noncompliant or lacking insight into their illness. While, Mr. Speaker, we know that that can be true, the same thing could be said about people with diabetes. I have heard many physicians talk about people with diabetes who don't follow their diets and they don't take their medications in the way that they have been prescribed. This can be said for people with heart disease, or even people with some forms of lifestyle, smoking, and what have you.

It's of great concern that we would take a particular group of patients or people with particular kinds of health care disorders and we would categorize them in a particular way and then set out a piece of legislation to intervene in their treatment in a particular way. This really does perpetuate this idea that people with mental health disorders are odd, difficult and possibly dangerous and require extraordinary measures.

[Page 9312]

Mr. Speaker, this is not to say that there aren't occasions when there needs to be involuntary treatment, but to make the totality of mental health legislation in this province be about involuntary treatment does an incredible disservice to the people who have mental health disorders. We need a system that will provide early intervention, because we have, first of all, a commitment to reducing wait times. We need a system that will provide a 24-hour province-wide crisis line that will be there for people who are contemplating suicide or who are in the throws of depression and need somebody to speak to. The inadequacies of a full package or program of mental health services across this province are pretty extreme, in many respects.

[3:00 p.m.]

If we think we have problems, and we often do think we have problems here in the metro area with respect to an adequate services for people with mental health disorders, when you get outside of this particular urban core, perhaps the only other place that has a system that comes anywhere close would be in the industrial Cape Breton area, but when you get into rural parts of this province, it is fairly bare bones in terms of the mental health services that exist for people. So this is a very serious concern that we have with this legislation. This legislation is going to result in more people with serious mental health disorders in our community, and no services for these people. We already have seen, as the result of the reduction in hospital beds, a loss of probably 500 or so - maybe more than 500 - 600, 700 hospital beds. We once had 900 psychiatric beds in the Province of Nova Scotia. This would be in the 1970s, around the time that the deinstitutionalization movement started to gain some momentum. Today we have slightly more than 200 beds. I think it's 203 or 205 beds, and that includes beds for children and youth. This is a significant reduction in beds.

I look at this Involuntary Psychiatric Treatment Bill, and I see they have this preamble that, for example, sets out some of the core principles that we think should be part of our mental health system, and they look great. But the reality is there is no ability to implement them. I'll use one of the examples. One of the principles talks about the right to have treatment - no, the desire to have treatment close to home, that a person with a mental health disorder will get treatment close to home.

The reality is, when I talk to people who work in the mental health system in this particular DHA, the Capital DHA, that every week we have somebody from the Capital District Health Authority - every week - who has to be sent to another DHA for psychiatric treatment because there are no beds available in this area. This is a very serious problem. So we have some of these nice principles laid out in the preamble, the first clause of the bill, but in reality, without the services and the resources, people aren't going to be able to have these core values reflected in the way they're treated in this system.

[Page 9313]

Mr. Speaker, during the course of this bill, we had a debate in the NDP caucus about whether or not this bill was amendable. To be honest with you, we felt it was very difficult to amend this bill, because there were so many pieces of the bill that had problems. In the end, we recognized that with the support of the Liberal Party this bill was going to go forward, as flawed as it might be. We decided that it would be the responsible thing to do to attempt to bring forward some amendments to see if we could make some improvements in the bill, particularly in some priority areas.

I want to say what those priority areas are. We wanted to do something to require the government to have in place assertive community treatment in those areas where people were being released into the community with insufficient supports. Sadly, that was an amendment that was not accepted by either the government or by the Liberal Party, which would have, I think, strengthened the bill in terms of providing some protections for people, that the assertive community treatment that's required would be there.

Another amendment we attempted to get into this legislation, Mr. Speaker, was to really beef up the patient's rights advisor - not a patient's rights, they have what they call a patient advisor in the bill. We wanted to see that strengthened so that there would be somebody who would actually be an advocate for and with the person with the mental health disorder. We thought that that position should be arm's-length from government, that the patient would have access in a timely fashion to the support of that person, and that there would be an ability to really provide advice and provide some advocacy.

Since we've been in the House, Mr. Speaker, the review board under the current Hospitals Act has issued its annual report, and that report talked about the concerns that they have for people who are currently in the psychiatric or mental health system who are there in an involuntary way and the fact that they have no access - not no access, but access to legal aid representation for the review board is very inadequate, so we felt that having an advocacy role would improve the supports that people with mental health disorders would need. Sadly, we weren't able to get support from either the government Party or the Liberal Party to improve that particular feature of this bill.

There were a couple of other amendments that we attempted to make in the bill, Mr. Speaker. We actually wanted to have a definition of restraint. There is a clause in this bill that provides for the detention and the restraining of a voluntary patient who's at a facility. People have suggested in their written and verbal submissions, and I've heard other people speak on this, that not only is this quite an extraordinary power to provide to a medical practitioner - and it's any member of the treatment team, so it's not just a doctor or psychiatrist - to actually detain and restrain somebody who's in a hospital, let's say, on a voluntary basis, but that it may open up the potential for some liability.

[Page 9314]

So we thought it would be really important to at least define what restraint meant, in a way that would indicate that the least amount of intervention - physical, chemical - would be what would be required. This is an amendment that we thought would actually offer some protection to people who are working in the system, as well as the person with the mental health disorder, but sadly that particular amendment was rejected as well by the government and by the Liberal Party.

We also attempted to improve the balance between the rights of the patient and, I suppose, the system itself, by allowing for a second opinion, to have in the legislation the capacity for a patient to ask for and obtain a second medical opinion, and this was rejected by both the Liberal Party and the government. In addition, we wanted to require that there be a second medical opinion given when a person was being admitted to a facility on an involuntary basis, and this as well was rejected by both the Liberal Party and the government Party.

So it was clear, I think, through the amendments process that the government and the Third Party had decided that this bill would pass as it is without amendments, and that whatever support the Liberals had provided to the government to pass this legislation was not dependent on making any improvements in the bill or guaranteeing that this bill be balanced in a way that would guarantee that the concerns that we heard in front of people at the Law Amendments Committee, including people who supported the bill.

There was one psychiatrist whose presentation comes to mind who came from the Abbie J. Lane, who, while speaking in support of the bill, had some major concerns about certain aspects of the bill. I think that it's a great disappointment that at least the members o