DR. JAMES SMITH (Chairman): Good morning. In the absence of the chairman and vice-chairman, I have the honour of chairing your committee this morning. I think it is customary, for Hansard, we will go through introductions. We will start on my left at the end and introduce ourselves.
[The committee members introduced themselves.]
MR. CHAIRMAN: Thank you all. I was going to establish first off with counsel, does the chairman have one or two votes on this committee?
MR. BROOKE TAYLOR: None.
MR. CHAIRMAN: There is some correspondence. I must have overlooked it or didn't get through to me from our office, but there is a letter, a matter relative to early appointments or interim appointments on the committee, the Maritime Film Classification. I don't know if you have it before you. Shall we just receive that as correspondence or is there any discussion on that? I think it is self-explanatory. The reason why I want to put it on here at this juncture is because we will be dealing with the appointments this morning.
Mr. Taylor.
MR. TAYLOR: I just move, Mr. Chairman, that we do receive the letter.
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MR. CHAIRMAN: Great, thanks. I don't know if we need a seconder? (Interruption) No seconder for any. Okay, thank you very much. Be patient, I'll try to learn quick. It shows that I haven't been paying attention when I have been down there at the other end.
Okay, now moving forward in the book. The Department of Education, the Nova Scotia College of Art and Design - Board of Governors. We have two appointments on that committee. Do I hear anyone moving those appointments?
MR. RICHARD HURLBURT: Mr. Chairman, I so move, Tom Forrestall and Lloyd Newman, as members.
MR. CHAIRMAN: Would all those in favour of the motion please say Aye. Contrary minded, Nay.
The motion is carried.
The Library Board, Colchester-East Hants. The name of Rob Landry is before us. Do I have a motion for that one?
MR. RUSSELL MACKINNON: I so move.
MR. CHAIRMAN: Would all those in favour of the motion please say Aye. Contrary minded, Nay.
The motion is carried.
I acknowledge the member for Cape Breton West for that. I had been looking over here and I'm hearing it over my right ear.
The Department of Environment and Labour, the Maritime Film Classification (Alcohol and Gaming Authority - Film Classifiers). Quite a number there before us. Do I hear any motion for adoption of those appointments?
MR. RONALD CHISHOLM: Mr. Chairman, for the Department of Environment and Labour, the Maritime Film Classifications: Claudia R. Clarke, Ulysses J. Cottreau, Jean Currie, James Eisenhauer, George A. Fraser, Aileen M. Heisler, James E. MacArthur, Mary MacLeod, Irma Mullen, Alf. F. Nielsen and Harold Sanford, all as Film Classifiers; and I so move.
MR. CHAIRMAN: The honourable member for Halifax Fairview.
MR. GRAHAM STEELE: Mr. Chairman, it is hard to know what's going on with this particular tribunal, the Maritime Film Classification Board. We have this morning received a letter from the minister explaining why his department had slowed down appointments, because apparently there is some national and regional discussion about unifying the overall film classification service, and that's fine. So we have the letter, which is dated July 3, 2002, explaining why the department is slowing things down. But before us today, only a few weeks later, we have 11 names, and a half of them are brand new people who never served on this board before. So, apparently, now the department has decided to speed things up. It is just hard to know what the department is doing here when on the one hand we receive correspondence explaining why they're slowing it down and on the other hand they're speeding things up. This is a bit of a mystery as to what's going on with this board.
As well, there is the usual problem that we have no real information before us to explain why these particular people were picked out of the 42 applicants. Do I, as a member of the Legislature, have any idea why these people are selected as the best qualified for this job? No, I am not given the information that would allow me to make that judgment.
MR. CHAIRMAN: Mr. MacKinnon.
MR. MACKINNON: Mr. Chairman, my concern is a little similar in nature, although if we reflect back on the budgetary process, we go to the various line items, there is no money in this year's budget allotted for these two-year appointments. These are two-year appointments. The last group that were approved, as I recall, were for one-year appointments, so as to conclude the operations of the Maritime Film Classification Board. Now, we see a complete reversal in public policy by the minister. Perhaps his trip to Calgary or Toronto or wherever he chose to meet with his colleagues weren't as fruitful as he thought they were going to be or perhaps he was receiving considerable pressure from within Nova Scotia measuring our standards against other standards.
The question I would have is, if there is no money allotted in this year's budget, where's the money coming from within his total budget and why is he going beyond the self-proclaimed mandate of one year, because these appointments are all for two years? So there is a bit of a contradiction on what he's asking the committee to do. On the one hand he has asked his colleagues to vote that there be no further dollars allotted to the film classification board after this fiscal year and yet he's asking them to make two-year appointments. So perhaps they might be able to give us enlightenment on this?
MR. CHAIRMAN: Is there any further discussion on the motion before us? If there is no further discussion, we will call for the question.
Would all those in favour of the motion please say Aye. Contrary minded, Nay.
The motion is carried.
MR. STEELE: Mr. Chairman, for the record, I would just like it to be noted that I abstained.
MR. CHAIRMAN: Mr. Steele abstained on that vote and Mr. MacKinnon voted against, for the record.
We just established that the chair does have two votes according to counsel.
The Department of Health, Review Board under the Hospitals' Act, William H.R. Charles, Q.C. is submitted. I am sorry, I guess I should allow someone else to make that motion shouldn't I? It is to be brought before us by the mover.
MS. MARY ANN MCGRATH: Mr. Chairman, I would so move.
MR. CHAIRMAN: Any discussion?
Mr. Steele.
MR. STEELE: Mr. Chairman, you and I have often pointed out how important this particular tribunal is. It is one of only two boards in Nova Scotia, outside the courts, that have the power to detain people against their will. So it is extremely important that they do their job properly. It is hard to think of somebody who could be better qualified to fill this job than Professor Bill Charles. He has done it for a number of years and I am sure he will continue to do it very well.
That aside, I feel that I have to point out again that this is one of the boards that was the subject matter of the Archie Kaiser Human Rights Inquiry. This is one of the boards that was the subject matter of the settlement back in January, where the government committed itself to reforming the appointment process. Here we are, more than six months after the Kaiser settlement, and we still have no idea what's going on in the backrooms of government about what reform processes are underway. We don't know who's doing the review, what their mandate is, when they're supposed to report, who they're supposed to report to. We don't know any of those things and that's a shame when you are dealing with such an important tribunal.
Now, Professor Charles is eminently qualified to do this but nevertheless it is time the government told Nova Scotians how exactly it was going to carry the Kaiser settlement into effect. Six months later we're none the wiser.
MR. CHAIRMAN: Any further discussion? If there is no further discussion, shall we call the vote.
Would all those in favour of the motion please say Aye. Contrary minded, Nay.
The motion is carried.
I don't know if it is appropriate but I would just like to note in passing here, as Mr. Steele mentioned, he and I have tried to highlight over the last several years the importance of these committees. But the other committees, certainly, the Criminal Review Board - and I just want to note the passing of retired Justice William Grant and I believe he was a member of that board, at least he played some part in some of the appointments there or was appointed. He recently died. He was a resident of Truro.
Tourism and Culture, Art Gallery of Nova Scotia - Board of Governors.
MR. MACKINNON: I so move the names of J.E. (Joe) Brandt, Paul Kidston, Deanne MacLeod and James D. Nicoll.
MR. CHAIRMAN: Would all those in favour of the motion please say Aye. Contrary minded, Nay.
The motion is carried.
Any further business other than the next meeting? Was there any discussion on the correspondence, Darlene has pointed out to me that we had accepted it at the start of the meeting. Is there any further discussion?
MR. MACKINNON: Mr. Chairman, I think it would be appropriate to ask, or I don't think it is out of order to ask the Minister of Environment and Labour for some clarification as to why we have zero dollars allotted in this budget for this film classification and yet he is setting up two-year appointments. We are either going to be continuing with the Maritime Film Classification Board or we're not. He has indicated during the budgetary process that they were looking at the possibility of tendering this job description out and possibly looking at a national board as well; it could either be going to the private sector or to a national. I think it would be appropriate that the committee members should be at least given some clarification as to what the minister's intent is. He seems rather convoluted in his intent. The appointments have been approved but I think we're owed at least an answer as to what the minister is contemplating here. Maybe he doesn't even know himself, which wouldn't surprise me considering his track record but that's beside the point. That's my own personal opinion.
MR. CHAIRMAN: Even as the chairman from the Opposition Parties I would sort of ask the member to bring his comments to a conclusion. I think I see where he's going.
Ms. McGrath.
MS. MCGRATH: Mr. Speaker, although as a substitute member, I am reluctant to voice an opinion too much, but I would, as a substitute member say that since many of the members here today are substituting for regular members, I think that the issue that Mr. MacKinnon raises is more appropriately dealt with by the permanent members of the committee.
MR. CHAIRMAN: Do you want to move that this be deferred?
MS. MCGRATH: I would so move that any discussion be deferred to the next meeting of the committee.
MR. CHAIRMAN: Would all those in favour of the motion please say Aye. Contrary minded, Nay.
The motion is carried.
So we will defer the correspondence of July 3rd and the letter to the chair by the Honourable David Morse of June 5th.
The next meeting proposed is August 27th, 9:00 a.m. until 11:00 a.m., agencies, boards and commission appointments.
Is that agreed?
It is agreed.
The committee is now adjourned.
[The committee adjourned at 9:19 a.m.]
