MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you.
Mr. Speaker, we have been
receiving a number of complaints related to delays in
receiving heart surgery in this Province. The most
recent incident involves an individual who has been
waiting for emergency surgery for six weeks. Each time
he was scheduled for surgery it has been cancelled at
the last minute. He was even sedated last week when he
was advised that the surgery would not take place. The
family has been told that these delays are as a result
of the lack of beds in the intensive care unit.
I ask the minister:
Is, in fact, a lack of intensive
care beds at the Health Sciences Centre resulting in
cancellation of life-saving heart surgeries?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Thank you, Mr. Speaker.
Mr. Speaker, one of the areas in
which we are doing well in terms of wait times is
cardiac by-pass surgery. Last week, in the Wait Times
Alliance report, there were a couple of areas that we
were not doing so well in, but, Mr. Speaker, what
happens, it is my understanding that we try to have the
surgeries completed within the benchmark of 180 days.
What will happen is that individuals are called in,
their surgery is scheduled but it may be postponed based
on other more critical surgeries that need to done,
whether emergencies arise and the number of beds
available.
Mr. Speaker, I will say however,
that in terms of the cardiac surgeries that we have, the
182 day benchmark, we are certainly reaching our target
in that area and that there are certain influences that
result in surgeries being delayed.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you.
Mr. Speaker, this is not the only
incident that has been brought to our attention over the
past couple of weeks. It appears that this is becoming a
trend and will become an even bigger problem now that
summer hours have started and heart surgeries will be
reduced from four to two per day. Doctors are frustrated
but they have little recourse available to them.
I ask the minister:
What is being done to address this
growing problem and ensure that individuals needing this
surgery receive it in a timely manner?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, Mr. Speaker.
Currently, the Province has three
full-time cardiac surgeons who perform all of the
cardiac surgeries in the Province. They do it at the
Health Sciences Centre.
Mr. Speaker, for example, I can
give you some of the reasons why there have been, what I
will refer to as same-day cancellations over the last
period of time. The hon. member is right, that there
were forty-one cancelled due to there being no ICU bed
available. Three of them were cancelled due to no bed
being available on one of the units. Some were
cancelled, Mr. Speaker, on the basis that the first
surgical case of the day was too long. One was cancelled
due to a patient refusing surgery. Thirteen were
cancelled due to no available ICU staff, and five were
cancelled due to a patient’s condition.
So, Mr. Speaker, there are a
number of factors that contribute to these same-day
surgeries being cancelled. It is an issue that is
certainly being looked at. I have discussed it with my
officials and we are trying to determine what can be
done to ensure that individuals who are coming in to
have their surgery done can have it done on the date
scheduled.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you.
Mr. Speaker, the minister talked
about wait times and how we are doing pretty good
reaching targets when it comes to cardiac surgery. Well,
Mr. Speaker, having the minister talk about wait times
does nothing to help these families who require
immediate surgery.
In light of the fact that these
problems will only get worse in the coming months when
we are on summer hours, I ask the minister:
Do you have a plan to ensure that
people who need this immediate attention will get such
in a timely fashion, and is government prepared to look
at or are you looking at sending people out of the
Province if necessary to address this urgent need?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, Mr. Speaker.
The department has recently
received correspondence from Eastern Health with regard
to the funding of two new cardiac surgeons who have been
recruited to replace two of the existing surgeons who
will be retiring over the next few years.
Mr. Speaker, there is a process, I
understand, that takes place once a diagnosis of
coronary artery diagnosis has been confirmed. The
patients are referred to a review committee. Then, Mr.
Speaker, the treatment options are discussed and a
decision is made regarding surgery, and a surgical list
of patients is prioritized. The national benchmark that
is set, Mr. Speaker, is one that we try to certainly
comply with and we have been complying with that.
However, I do accept what the
member opposite is saying, that there are difficulties;
that someone who is waiting to receive surgery is told
that it is going to be cancelled that same day. There is
certainly an anxiety there, there is no question about
that, Mr. Speaker, and we will continuously look at new
ways to deal with this. In fact, as of Friday last week,
I met with a number of officials in my department, told
them I was not satisfied with the progress we were
making on wait times and I wanted to see further
progress and new ideas brought forward.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Mr. Speaker, I guess we are no
further ahead if we have two coming to replace the two
that are leaving. It is pretty well the status quo, and
that, again, does not give much comfort to those who
need the surgery.
Mr. Speaker, the
Wait Time Alliance is comprised of fourteen Canadian
medical specialty societies. Last week they released
their report card on wait times in Canada in which this
Province fared very poorly. One of the issues identified
by the alliance is the failure to update wait time data
for more than a six month period. They classified this
lack of data as a worrisome trend.
MR. SPEAKER:
The hon. the Minister of
Health and Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Thank you, Mr. Speaker.
I read the Wait
Times Alliance report closely and I can indicate to the
member opposite that the issue of the Web site will be
rectified as soon as possible. Mr. Speaker, that also
the updating of information is something that will be -
further emphasises will be placed upon.
Mr. Speaker, in
Budget 2010 we outlined a number of ways to reduce wait
times in terms of investments of money. Such as, Mr.
Speaker, increasing the number of operating rooms, $1.1
million; $348,000 to help reduce CT wait times; $150,000
for two new speech pathologists. Mr. Speaker, we have
invested money to operate the MRI services in Central
Newfoundland; a $1.15 million to enhance surgical
services at Western Memorial Hospital.
So, we invested
for this year, Mr. Speaker, $4.7 million in reducing
wait times. There is obvious – there is other work that
has to be done. As I indicated on Friday past, I had my
officials together, indicated that there will be a
committee put in place within the department, a special
division to address the wait times issues; that whatever
resources were required by that division will be
provided to them and that we will continue to address
this very serious issue.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition
House Leader.
MR. KELVIN
PARSONS: Thank you.
Mr. Speaker, I
guess notwithstanding the investments, we still fare
very, very poorly on the report card. We have a lot left
to do.
Mr. Speaker, every
day we receive phone calls from individuals who are very
concerned with the amount of time it takes to receive
their treatments and surgeries. Unfortunately, as
confirmed by the alliance in their report, it is very
difficult to get information from this government.
I ask the
minister: What actions will you
now take from this report to ensure your department’s
lack of accountability to the people of this Province
when it comes to reporting and reducing the wait times?
MR. SPEAKER:
The hon. the Minister of
Health and Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Mr. Speaker, all of the
e-mails that are sent to my e-mail address come through.
None are filtered out, and I can tell you that a lot of
them deal with wait times.
I understand, Mr. Speaker, the
frustration, the anxiety, the stress of waiting to have
a surgical procedure performed, but, Mr. Speaker, the
situation is not as dire as the hon. member opposite
would have us believe. For example, in hip and knee
replacement where we fared very poorly, in Central
Health they were 94.7 per cent and 89.7 per cent;
Western Health, 100 per cent on hips and 93.3 per cent
on knees; in Eastern Health we ran into a problem.
Also, I understand, Mr. Speaker,
that in Lab-Grenfell the numbers are suppressed in that
we do not have enough surgeries being performed. That is
an issue I am going to have to ask Lab-Grenfell to look
at considering we have four general surgeons in St.
Anthony, and apparently, we also have a hip and knee
surgeon. So certainly, we have to look at all of these
issues and determine what is going on.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
Let’s talk about some of the areas
that government does report on. Mr. Speaker, every
quarter, this government puts out a press release trying
to convince people that they have a handle on wait times
in this Province for health procedures. The problem with
this approach, as identified in this report, is that the
Province only highlights five priority areas, a far cry
from the hundreds of complex procedures offered in our
health care system. The alliance feels that this
reporting must be expanded to include other areas beyond
these five priority areas.
I ask the minister:
Why doesn’t this government report
on other areas to ensure that we receive a true picture
and that a true picture is given on the entire health
care system in this Province, rather than the five areas
that you highlight?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, thank you, Mr. Speaker.
It is my understanding that the
Wait Time Alliance was formed in 2004 and it is
consortium of fourteen national medical speciality
societies and the Canadian Medical Association. The Wait
Time Alliance’s goal, Mr. Speaker, is to improve wait
times in five priority benchmarked areas, being:
radiation, cardiac bypass, cataracts, diagnostics, and
hip and knee replacement.
So, in addition to the national
benchmarks which are set, Mr. Speaker, they have also
established consensus-based wait time targets in the
following areas, such as: obstetrics, gynaecology,
emergency gastroenterology, et cetera.
Mr. Speaker, the ministers get
together, and the federal government, a number of years
ago, said we will provide money, you have to deal with
certain – what wait times are you going to address as a
priority. In this particular Province, Mr. Speaker, and
you remember earlier this year we signed an agreement
with the other provinces if we could not reach the
benchmarks in radiation therapy that we would send
people outside of the Province.
Mr. Speaker, what we have here –
MR. SPEAKER:
Order, please!
The hon. the Opposition House
Leader.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
Mr. Speaker, the Canadian
Paediatric Surgical Wait Times Project show that, on
average, one-third of children receive surgery past
acceptable wait times. The report states, and I quote,
"…delays beyond critical times during a child’s
development may result in a lifelong disability."
I ask the minister:
What is this government doing to
address these unacceptable wait times in this Province
in paediatric surgery?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, Mr. Speaker, I think if the hon.
member had read the report closer he would see that a
lot of the criticism in relation to these wait times are
outside the Province of Newfoundland and Labrador.
Mr. Speaker, the paediatric
section of the report highlights that 73 per cent of
children in this country receive surgery within the
benchmarks set by the paediatric group; so that is a B
grade. There are more than 17,000 waiting longer, Mr.
Speaker.
In this Province, it is not an
issue here with some of these surgeries, because they
undergo surgical treatment - and there are no children
currently waiting for either strabismus, which is
wandering eye, or cleft lip-palate. There is no one
waiting at this point in time for either of these
procedures at the Janeway Hospital. So, Mr. Speaker, we
are certainly doing well on the paediatric side, and the
issues highlighted are certainly serious, but seem to be
a bigger problem in the rest of the country.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
I say to the minister, I did read
the report and read it very carefully. Actually, the
more you read it, the scarier it gets when it comes to
some of these procedures in this Province.
Mr. Speaker, on June 8, we
questioned the Minister of Environment relating to
infrastructure in Placentia Bay to deal with oil spills,
including tugboat services that would be required. The
minister did not seem to have any information at that
time, or interested enough to challenge the federal
government on their oil spill response preparedness and
the infrastructure needed to react to a spill. We
learned last evening, through a CBC story, that
Transport Canada actually relaxed the rules related to
tugboat services in Placentia Bay in April of this year.
The FFAW has expressed concern as to what this could
mean in the event of a spill.
I ask the minister:
Were you aware of these changes,
and if so, why did you not advise the House of Assembly
of that information when you were questioned in this
House three weeks ago?
MR. SPEAKER:
The hon. the Minister of Environment
and Conservation.
SOME HON. MEMBERS:
Hear, hear!
MS JOHNSON:
Thank you, Mr. Speaker.
Mr. Speaker, this is certainly a
concern of ours. Anything that happens in the Province
of Newfoundland and Labrador, particularly in Placentia
Bay for the fisherpeople and the people who live in and
around it, certainly is a concern of ours.
Mr. Speaker, when I did hear this,
I put a call in to the federal Minister of Transport
Canada. They have graciously accepted to take a call
from us tomorrow. They are very receptive to the
concerns we have, and I will be speaking with them on
this tomorrow.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
Over the past several weeks, we
have seen the damage that can occur when a major oil
spill takes place. Placentia Bay has been identified as
the most likely place in Canada for an oil spill to take
place, and it is predicted that an oil spill in the
range of 10,000 barrels will likely occur there within
the next thirty years.
I ask the minister:
In light of these concerning
statistics, why would any changes be allowed that would
weaken the oil response in Placentia Bay; and why have
you not been involved in this prior to now when somebody
brings it to your attention?
MR. SPEAKER:
The hon. the Minister of Environment
and Conservation.
SOME HON. MEMBERS:
Hear, hear!
MS JOHNSON:
Thank you, Mr. Speaker.
Mr. Speaker, we are very involved.
Of course, the Department of Environment and
Conservation and the Department of Natural Resources are
very involved in this. As the hon. member opposite would
know, the Minister of Natural Resources and government
commissioned Captain Mark Turner to do a complete
review; included in that review will be Placentia Bay.
Mr. Speaker, as I mentioned in the
House before, we also participate on REET, which is the
Regional Environmental Emergencies Team, and that is a
very comprehensive team. There is a lot of information
sharing that happens there. Certainly, if anything
should happen, we would be on the ground to help out in
any way possible we can.
The key, Mr. Speaker, is
prevention. I have had discussions with the Coast Guard,
with the federal minister’s office, and the Minister of
Transport Canada’s office in ensuring that all of the
policies and the procedures that they have in place are
certainly acceptable.
Mr. Speaker, this review that is
being done by Captain Mark Turner will certainly capture
all of that. If there is anything we can do to make our
waters safer here, we will certainly do it (inaudible).
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Port de Grave.
MR. BUTLER:
Mr. Speaker, the Save Our People
Action Committee, it is my understanding, met with
government today to discuss the ways of addressing
issues related to moose-vehicle collisions. I have to
say, this is not the first time that the committee has
brought forward issues to the government in trying to
get some concrete action to address this problem.
I ask the minister:
Did you commit to any new concrete
measures or investments that will help address the
growing issue in our Province?
MR. SPEAKER:
The hon. the Minister of Environment
and Conservation.
SOME HON. MEMBERS:
Hear, hear!
MS JOHNSON:
Thank you, Mr. Speaker.
Yes, the Minister of Natural
Resources, the Minister of Transportation and Works, and
myself and officials did meet with the committee this
morning. It was a lengthy meeting. We had a good
discussion for almost two hours.
It was a really good opportunity
to share information, to report back to the committee as
to the work we have been doing. We have been doing a lot
of research with other jurisdictions. I gave them some
more information in terms of the moose management plan
that we intend to do consultations on in the near
future. We explained some further information in terms
of the moose management and licensing regime. There were
also discussions around fencing, and clearly, the
Minister of Transportation and Works highlighted all of
the work we are doing in terms of brush cutting around
the Province and he showed them areas where they have
identified as priorities and we have done.
We have listened to them and we
have committed to having further discussions and keeping
the communication lines open.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Port de Grave.
MR. BUTLER:
Mr. Speaker, I want to say I am glad
the meeting went well.
Mr. Speaker, the committee has
brought forward a number of proposals to the government
in the past and my understanding according to the media
yesterday they were bringing forward eight additional
recommendations at this meeting. I was just wondering if
any of the issues that have been discussed with regard
to including fencing of dangerous sections of our
highway or the establishment of the 1-800 number to try
and bring the report on nuisance moose on our highways.
I ask the minister:
Have they committed to
implementing any of the options that have been brought
forward by SOPAC?
MR. SPEAKER:
The hon. the Minister of
Transportation and Works.
SOME HON. MEMBERS:
Hear, hear!
MR. HEDDERSON:
Yes, Mr. Speaker, we spoke on any
number of strategies that would be possible perhaps to
make the roads safer with regard to moose-vehicle
accidents.
With regard to fencing, obviously
that is under review now as we look at the success or
lack of success in other jurisdictions and, of course,
presented back to the committee today that fencing does
entail a lot of challenges, given our geography, given
our snowfall, given the road system that is here in
Newfoundland and Labrador. We did make a commitment, Mr.
Speaker, to the committee that we would be undertaking
the proper research to look at the suggestions that they
brought forward. We will keep in constant communication
with them and report back any progress or any
information that is applicable to this particular issue.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Port de Grave.
MR. BUTLER:
Mr. Speaker, we have in the past
heard a lot of rhetoric from government on their plans
to address the problem of moose-vehicle collisions in
this Province, but I have to say, to date we have not
seen a lot of action. I know each and every week that
goes by we hear talk of accidents where people’s lives
are changed due to serious injuries.
So, I ask the minister:
When will the people of this
Province see some real action from this government on
the moose problem in Newfoundland and Labrador?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
Mr. Speaker, the people of the
Province are seeing some action. I received a letter
from a family who had been travelling along the highway,
it said: Hi Danny, I just wanted to express my deep
appreciation to you and the workers of the Department of
Transportation -
MR. SPEAKER:
Order, please!
I ask the hon. Premier to
paraphrase the letter or to just sum up the content of
the letter but not to read directly.
The hon. the Premier.
PREMIER WILLIAMS:
Thank you, Mr. Speaker.
They indicated that they were
passing along the highway, in the Kona Beach area when a
moose came out. Basically, the bottom line on the
correspondence that was sent to me, the person said to
me that it had been on their mind all day and they felt
that they had to contact the Government of Newfoundland
and Labrador to say thank you, and on behalf of their
family and their coworkers and fellow Newfoundlanders
and Labradorians, they expressed to me and to the rest
of the members of government: Please continue to clear
the brush along the highway because today it saved my
life.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Port de Grave.
MR. BUTLER:
Mr. Speaker, I have to concur with
what the Premier said, no doubt clearing brush will
really help but there is a lot of it that has to be done
in various areas of the Province.
Mr. Speaker, the Seniors Resource
Centre has been forced to cut two full-time positions
and two part-time positions because of funding
shortfalls. As a result, the Grocery Bus Program, the
Lifelong Learners Program, the Seniors Bridging Cultures
Program, and the Friday Friendship Program will have to
be cut. The resource centre has asked government for
help in addressing these shortfalls but has yet to get a
response.
I ask the minister:
Is government willing to provide
any additional funding so that those programs can be
maintained?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Thank you, Mr. Speaker.
It is my understanding that the
Seniors Resource Centre has a budget of approximately
$600,000 to $700,000 per year that we provide them with
a number of different grants. From my department there
is, I think a $50,000 annualized funding and then
another $45,000 for a community caregivers program. They
also, Mr. Speaker, I understand receive some other money
from government. The difficulty with it, Mr. Speaker,
and I reviewed this with my officials last week, is that
we have no real understanding as to what services they
provide and what services other senior centres in this
Province provide.
Mr. Speaker, we have numerous
seniors organizations, we have seniors groups in every
district. So what I have instructed my officials to do
is to go back to the - give me a list of all the seniors
organizations in this Province, who does what, what can
be done by our senior’s office within the department,
and to determine, Mr. Speaker, what exactly the role of
the Seniors Resource Centre is today as compared to what
it was when I think they started ten or twenty years
ago.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Port de Grave.
MR. BUTLER:
Thank you, Mr. Speaker.
It is a concern, because it was
only last year the hon. members, one of his colleagues
and myself attended the opening of the Seniors Resource
Centre in Spaniard’s Bay. So it is not going back ten or
fifteen years. This is a resource centre that was only
opened last year.
Mr. Speaker, the biggest shortfall
in funding comes from the federal government, and the
Seniors Resource Centre certainly recognizes that there
appears to be a change in culture within the federal
system in providing grants to groups such as theirs.
I ask the minister:
Is this a concern within the
Office for Aging and Seniors, and if so, what is being
done to address this change in the federal attitude and
will the programs just disappear totally?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, thank you, Mr. Speaker.
The member opposite has certainly
highlighted one of the difficulties that the Seniors
Resource Centre finds themselves in today, and that is
the cutting in federal funding. Unfortunately, what
happens, Mr. Speaker, and I can remember having the
conversation with the Seniors Resource Centre when they
were going to open up a satellite office. I said: now,
the federal government are going to give you funding,
will it be sustainable? Of course, it was not, and now
they come to us.
What we are doing to do, Mr.
Speaker, in both the Office for Aging and Seniors, and
in consultation with the development of our long-term
care strategy and community service strategy, is look at
the services that are provided by various groups to
ensure that there is no overlap. Obviously, Mr. Speaker,
we are committed to our seniors as a government. We have
made gigantic strides, Mr. Speaker, $200,000 recently in
Age-Friendly Grants. What we have to do is look at, how
can we deliver the services as efficiently and
effectively as possible to most of the seniors in this
Province and not necessarily support one single group?
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
Reports on labour negotiations
between Nalcor and the IBEW indicate that talks are
going badly. So badly, in fact, that representatives of
the IBEW Local 1615 are talking about their first ever
strike against Newfoundland and Labrador Hydro. A major
stumbling block appears to be Nalcor’s refusal to accept
government’s standard template offer of 20 per cent.
According to government statements at the time, this 20
per cent template offer was not optional. The minister
was very clear, every public service union was offered
this deal and no other deal would be considered.
Can the
minister provide an update on these negotiations, and
will Nalcor be required to abide by government’s 20 per
cent template offer?
MR. SPEAKER:
The hon. the Minister of Natural
Resources and Deputy Premier.
SOME HON. MEMBERS:
Hear, hear!
MS DUNDERDALE:
Thank you, Mr. Speaker.
Mr. Speaker, the Opposition House
Leader is absolutely correct, negotiations are ongoing.
Those negotiations, Mr. Speaker, are arm’s-length from
government. They are between Nalcor and their employees.
We encourage both of them to work diligently towards
coming to a resolution of the issues. Other than that,
Mr. Speaker, I do not have any comment to make on this
matter.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you very much, Mr. Speaker.
Mr. Speaker, since 1985 government
has received recommendations to make the Human Rights
Commission truly independent by making it an agency
answerable to the House of Assembly. In 2009, the
Auditor General, himself the head of an independent
agency answerable to the House, outlined the importance
of the commissioners being truly independent.
Mr. Speaker, I ask the Minister of
Justice: Why is government still refusing to give the
Human Rights Commission true independence?
MR. SPEAKER:
The hon. the Minister of Justice and
the Attorney General.
SOME HON. MEMBERS:
Hear, hear!
MR. F. COLLINS:
Mr. Speaker, the Human Rights
Commission has been compared to the Child and Youth
Advocate’s Office and the office of the chief
representative, who report to the House of Assembly.
These groups, Mr. Speaker, are oversight groups that
deal with complaints against the practices, services and
policies of government. The Human Rights Commission, on
the other hand, Mr. Speaker, deal with the rights and
complaints of individuals. Government is not necessarily
the focus of these complaints.
Mr. Speaker, as far as the
government is concerned and the Human Rights Commission
itself is concerned, the system is working fine as it is
and that is the way it will stay.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you, Mr. Speaker.
Mr. Speaker, in his 2008 report,
the Auditor General spoke to some serious systemic
issues related to the functioning of the Human Rights
Commission and to something that the minister has just
referenced.
There were concerns regarding a
perceived conflict of interest when the commission has
to hear cases in which government is named as a
respondent. So, while the commission has a broader field
of area to cover, it also covers cases when the
government is a respondent.
The problem is that with these new
amendments to the act the minister continues to control
the commission’s funding, another potential source of
conflict of interest. Mr. Speaker, there still is time
to make change as we have not yet passed this bill.
So I ask the minister if he would
do some more thinking about this issue because the
potential for conflict of interest is there and was
identified by the Auditor General.
MR. SPEAKER:
The hon. the Minister of Justice and
Attorney General.
SOME HON. MEMBERS:
Hear, hear!
MR. F. COLLINS:
Mr. Speaker, if I recall the gist of
the report by the Auditor General dealt with a matter of
resources that the commission was experiencing several
backlogs, did not have the resources to do the job and
so on. Since that time, Mr. Speaker, we have invested
$500,000 this year alone to provide two extra lawyers
and a human rights specialist. We have also put $100,000
into public education. The budget now, Mr. Speaker, of
the Human Rights Commission is $1.2 million.
I think, Mr. Speaker, the concerns
that were raised by the Auditor General have now been
alleviated. Plus the fact there has not been one
complaint to date about the independence being in
jeopardy with that commission.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you, Mr. Speaker.
I would suggest to the minister
that he not cherry pick from the Auditor General’s
report. Yes, the resource was one issue but the issue of
conflict of interest was also an issue that the Auditor
General spoke to.
Mr. Speaker, the United Nations
adopted a new definition of disability which Canada
recognized when we signed a convention on the rights of
persons with disabilities in 2007. This new model
recognizes that a disability is not something that
resides in the individual as the result of some
impairment but should be seen as the result of the
interaction between a person and his or her environment.
Mr. Speaker, the minister knows
this. He knows that is in the UN declaration, yet
decided not to include this more modern, inclusive
definition in the code.
So I ask the minister: Why
wouldn’t the government adopt this new definition?
MR. SPEAKER:
The hon. the Minister of Justice and
the Attorney General.
SOME HON. MEMBERS:
Hear, hear!
MR. F. COLLINS:
Mr. Speaker, the department took its
direction on the issue of disability from the disability
office of this government, which is the proper place to
take that direction.
Mr. Speaker, it took the form of
several discussions back and forth with the disability
office. We looked at a number of jurisdictions. After a
lot of consultation and a lot of toing and froing, the
consensus of opinion was that the definition of
disability that we now have in the act was the best one
to go with, and that is the one we did.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you, Mr. Speaker.
I am so glad we are better than
the United Nations.
Mr. Speaker, transgendered people
experience some of the highest rates of violence and
discrimination in Canada. Recent human rights cases
demonstrate that unless gender identity is specifically
included as a prohibited ground of discrimination, the
ability of transgendered persons to access employment
rights, parental rights, health care, and even basic
safety will continue to be challenged.
Mr. Speaker, I ask the Minister of
Justice if he will consider amending this bill to
include gender identity as a prohibited ground of
discrimination in the act.
MR. SPEAKER:
The hon. the Minister of Justice and
Attorney General.
SOME HON. MEMBERS:
Hear, hear!
MR. F. COLLINS:
Mr. Speaker, transgendered identity
is an evolving issue, and it has a long ways to go
before we can pin it down to a definition in an act. In
the discussions that we had on this issue, from the
other jurisdictions across the country, there was no way
you could pin down and define a transgendered identity
for the purpose of this act. Mr. Speaker, we were also
convinced and persuaded by the Human Rights Commission
that any transgendered identity issues can be done under
the provision of sex.
MR. SPEAKER:
The time allotted for questions and
answers has expired.