DAWN Ontario: DisAbled Women's Network Ontario

 

Text of Legislature Debates over McGuinty's
Motion to Shut Down Bill 107 Public Hearings

AODA Alliance
November 24, 2006

 

SUMMARY

Below we set out the text of the debates in the Ontario legislature surrounding the McGuinty Government's shutting down further public hearings on the widely-criticized Bill 107. Bill 107 would weaken the Human Rights Commission and take away key rights that we fought for and won 25 years ago, rights regarding public investigation and public prosecution of discrimination cases.

This is a lot of material. (some 62 pages) We provide it all to ensure everyone can see what is said on this important topic on the floor of the Legislature. You will see:

There are a good number of other mentions of this topic scattered in debates over other topics over this week. We have not included those here.

We again express our deep appreciation to the NDP and Conservative Party for continuing to press this issue.

As you read these debates, you will see that the Conservative leader John Tory repeatedly offered that if the Liberals restore the cancelled public hearings, the Conservatives will support a swift vote on the bill when the legislature resumes in March. The Liberals never give a reason for turning this offer down. The Liberals claim that this matter has been debated or considered for over 200 days. However, there have not been 200 days of debate in the Legislature or the Standing Committee on this bill. Throughout the vast majority of those 200 days, we had all been relying on the McGuinty Liberals' commitments regarding the public hearings, and preparing for them. By this closure motion, the McGuinty Government breaches those commitments.

The Liberals say they have heard enough at the hearings. Yet the clear message from a majority of the presenters to date is that the bill is seriously flawed.

Here is a list of all the Liberal MPPs who voted on November 21, 2006 for the McGuinty muzzle motion. You may wish to call these MPPs to let them know how you feel about the muzzle motion, and to urge them to get the Government to reverse itself and re-open the promised public hearings.


Arthurs, Wayne
Bentley, Christopher
Berardinetti, Lorenzo
Bradley, James J.
Brownell, Jim
Bryant, Michael
Caplan, David
Chambers, Mary Anne V.
Delaney, Bob
Dombrowsky, Leona
Duguid, Brad
Fonseca, Peter Gerretsen, John
Hoy, Pat
Jeffrey, Linda
Kular, Kuldip
Lalonde, Jean-Marc
Leal, Jeff
Levac, Dave
Matthews, Deborah
McNeely, Phil
Milloy, John
Mitchell, Carol
Mossop, Jennifer F. Orazietti, David
Parsons, Ernie
Peters, Steve
Qaadri, Shafiq
Ramal, Khalil
Sandals, Liz
Sergio, Mario
Smith, Monique
Smitherman, George
Van Bommel, Maria
Wilkinson, John
Zimmer, David


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Ontario Hansard Tuesday, November 14, 2006

CONSIDERATION OF BILL 107

Mrs. Christine Elliott (Whitby-Ajax): My question is for the Premier. During the last election campaign you talked about cynicism among the electorate with respect to Ontario politics. You explicitly promised, and I quote, "Your MPP should be free to represent your views, not just parrot the views of his or her party. We will make sure all non-cabinet MPPs are free to criticize and vote against government legislation." Premier, Bill 107, your proposed destruction of Ontario's human rights public complaints and investigation system, is not yet law. According to the website of the Ontario Human Rights Tribunal, a transition team already has been hired and is working to design a new tribunal. What happened to your campaign promise? You're presuming that Bill 107 is going to pass, thereby making a sham of the committee process. How can you possibly expect your MPPs on this committee to vote without even considering the views of their constituents? And what do you have to say to the many racial --

The Speaker (Hon. Michael A. Brown): Thank you. Premier.

Hon. Dalton McGuinty (Premier, Minister of Research and Innovation): To the Attorney General.

Hon. Michael Bryant (Attorney General): I'm not quite sure what language is used on the Ontario Human Rights Tribunal's website. As you know, the tribunal is at arm's length from the Ministry of the Attorney General. Certainly nobody in this House -- and neither the tribunal nor the commission in any way, shape or form -- presumes to know what this Legislature will do in any matter. If you're suggesting that the tribunal is engaging in that activity, that's not my experience at all. In fact, I think what the tribunal is trying to do is look at the various options that may be ahead for the system in the event that Bill 107 moves forward. Certainly nobody presumes to question in any way, shape or form the wisdom of this Legislature as it continues to look very closely at Bill 107.

The Speaker: Supplementary.

Mrs. Elliott: My question again is for the Premier. Your campaign promise was, and I quote, "We will make our institutions more democratic by freeing your MPP to represent you," and "We will give more independence and power to legislative committees."

Premier, as you know, the justice policy committee is going to be voting tomorrow on a proposal to extend the hearings on Bill 107 until the hundreds of concerned organizations and groups have had the opportunity to make their presentations before the committee.

Given the precedent that was established during the summer committee hearings, that everyone who wishes to make a presentation before the committee can do so, are you going to allow your Liberal MPPs on this committee to vote freely on open and democratic hearings and to follow the established precedent, or are they going to have to act like trained seals and shut off the hearings?

Hon. Mr. Bryant: Obviously, the committee will have a number of matters that it's going to be considering this week. It's in the hands of a very good committee. I note that the reason there is significant interest in this bill is that we have not had the opportunity to provide and update the human rights system in more than 40 years.

When the Conservative Party was in government, there was absolutely zero interest in reforming the human rights system. They cut funding to the human rights system, they showed nothing but disdain towards the issues faced by the human rights system and they made no effort to reform the human rights system. So it is good to see the Conservative Party's new-found interest in human rights reform.

I look forward to the matter being debated in the committee, not only tomorrow and the next day but however long it takes. As the member knows, that's in the hands of the House leaders and that's in the hands of the committee, where it should be.

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Ontario Hansard Monday, November 20, 2006

HUMAN RIGHTS

Mrs. Christine Elliott (Whitby-Ajax): My question is for the Attorney General. On April 26, 2006, during first reading of Bill 107, your proposed human rights reform legislation, you said, "We would ensure that, regardless of levels of income, abilities, disabilities or personal circumstances, all Ontarians would be entitled to share in receiving equal and effective protection of human rights, and all will receive that full legal representation."

Last week, in what was described by a presenter at the Bill 107 committee hearings as a public hearing by ambush, you announced certain amendments to be tabled by your government, including an amendment regarding a proposed human rights legal support centre. As taken from your website, the proposed amendment reads, "The minister would establish a Human Rights Legal Support Centre to provide a range of services including information, support, advice, assistance and legal representation."

Minister, the way this amendment is worded is vague at best. Will this amendment guarantee that all Ontarians will receive full legal representation by a lawyer, as promised?

Hon. Sandra Pupatello (Minister of Economic Development and Trade, minister responsible for women's issues): Michael, remind them about the bully bill.

Hon. Michael Bryant (Attorney General): In the supplementary I'll remind them about the bully bill.
As members know, the rules applying to the submission of amendments require not that they be introduced on the first day of public hearings, but rather that they be introduced, subject to certain timelines, in advance of clause-by-clause. It was in the interest of being able to discuss and debate and have people appearing before the committee consider the amendments that we introduced those amendments in advance of clause-by-clause. It was for that very reason that we did something that, when the Conservatives were in power, they never did, which was to put those amendments before the committee. Not only did the Conservative government not put amendments before the committee in advance, but they didn't even bother having any public hearings for any of their bills. So it is precisely because we did this that the member is able to ask her question right now and, to answer the member's question, yes, that's what I said when I introduced the bill and I stand beside those words.

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Ontario Hansard November 21, 2006

CONSIDERATION OF BILL 107

Mr. Frank Klees (Oak Ridges): The decision by the McGuinty Liberals to invoke closure on Bill 107 committee hearings is an undemocratic and draconian dismissal of conscientious criticism that groups representing concerned, vulnerable Ontarians had expected and deserved to bring forward.

In its arrogance, the McGuinty government has decided it doesn't need to hear from the following: Catherine Dunphy and David Lepofsky of the Accessibility for Ontarians with Disabilities Act Alliance, Avvy Go of the Metro Toronto Chinese and Southeast Asian Legal Clinic, and Margaret Parsons and Royland Moriah of the African Canadian Legal Clinic.

The McGuinty Liberals' decision to prevent these and many others from expressing their views on human rights is neither democratic nor respectful of their rights as citizens and as stakeholders on this important issue. If this is the Liberal agenda for democratic renewal, then the very foundation of our parliamentary democracy and legislative traditions are in serious jeopardy indeed.

The people of Ontario are watching this process, and they will judge the McGuinty Liberal government accordingly.

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CONSIDERATION OF BILL 107

Ms. Lisa MacLeod (Nepean-Carleton): The McGuinty Liberals have spent $106,000 to advertise public hearings that won't now take place because they don't think it is important for MPPs to hear from the people.
I'm speaking out on behalf of the people when the McGuinty government has decided to shut out of the debate on Bill 107, the human rights act. The following people are:

-- Emily Noble, president of the Elementary Teachers' Federation;
-- Noulmook Sutdhibhaslip of Asian Community AIDS Services;
-- Marilyn Oladimeji of the Ontario Coalition of Rape Crisis Centres;
-- John Argue of the Ontario Coalition for Social Justice;
-- Raj Dhaliwal of the Canadian Auto Workers;
-- Maria York of the Canadian Institute of Workers;
-- Barbara Anello and Lina Anani of the Disabled Women's Network.

The people won't be heard. The McGuinty government, by arbitrarily deciding to prevent them from testifying at public hearings, has just told these people and organizations, as well as approximately 200 others, that it doesn't care what they have to say. We on the Conservative side of the Legislature are appalled by that. We believe that Bill 107 should be open to public consultation and that the people of Ontario have a right to be heard. We will be doing everything we possibly can to make sure that that is the case.

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CONSIDERATION OF BILL 107

Mr. Ernie Hardeman (Oxford): The McGuinty Liberals have decided that they know better than the people and the groups who deal with human rights concerns on an ongoing basis. Today, the McGuinty Liberals plan to shut their ears and muzzle anything the following groups may have to say about human rights:

-- Orville Endicott and Dawn Roper of Community Living Ontario;
-- Nancy Schular and Seema Shaw of the Ontario Disability Support Plan Action Coalition;
-- Malcolm Buchanan of Civil Rights in Public Education Inc.;
-- Steven Adler of the Canadian Jewish Congress;
-- Rosalyn Forrester of Canadian Transsexuals Fight for Rights.

These are among the 200 people who thought they would have a chance to share their experiences, insight, concerns, criticisms and suggestions, some of whom have already been scheduled to speak.

In fact, the Liberal government spent $160,000 to advertise for people to appear at hearings. They spent staff time scheduling these meetings. Now the McGuinty Liberals, if they proceed with cutting off public hearings on Bill 107 prematurely, are telling these people and many more to go away. The McGuinty government doesn't think they have anything worth saying.

Every member of the McGuinty caucus should be ashamed of themselves. Many people whose voices are being ignored are in the gallery today. If you have any integrity left, you will publicly apologize to them and withdraw your closure motion.

Interjections.

The Speaker (Hon. Michael A. Brown): Order. Member for Oxford. Minister of Education.
Interjections.

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ONTARIO FRANCOPHONIE AWARDS

Mr. Robert W. Runciman (Leeds-Grenville): At the outset, on behalf of the Progressive Conservative Party and our leader John Tory, I want to extend congratulations to the recipients of the Francophonie awards and thank them for their contribution to the province of Ontario.

Rather than responding extensively to the statements that were made in the House by ministers, we'd like to take this limited opportunity, on behalf of the official opposition, to express our very real concerns about the way the government has opted to deal with Bill 107, the amendments to the Human Rights Act. The fact that the government last evening, to the surprise of virtually everyone in this place, and I would have to assume the members of the justice committee as well, filed a --

The Speaker (Hon. Michael A. Brown): Order. This time is set aside for responses to statements made by the government. I'm sure the member is about to tie this statement to a statement made by one of the government ministers and I hope that he would get there quickly.

Mr. Runciman: Well, Mr. Speaker, that may be somewhat difficult, but I'll do my best. If I could speak French a little bit better, perhaps that would assist on this occasion. Je suis un étudiant de français.

In any event, I simply think the fact that we have this time allotted to express our very serious concerns is important and that it is going to have an impact on the business of the House as we move forward. There has been a co-operative effort on behalf of all three parties. We may have concerns with respect to statements made today or with respect to other pieces of business that the government has brought forward that are currently on the order paper for this House for debate or before committees of the House. We have attempted in a very co-operative way to work within the House leaders' meetings and beyond that, certainly, to put our views on the record and see the business of the government proceed in a reasonably timely way.

I think that has all now been put in jeopardy by the government's decision with respect to Bill 107, and it's important that I have this opportunity to put that on the record. We're approaching the end of the session, approaching the end of this year. In fact, the decision has been made, and we hope they will take a deep breath and step back from this, otherwise from our perspective we are not going to be in a position to be able to, in a constructive way, approach the business of this House in the coming weeks.

It's critically important that that be on the record, that there be a complete and thorough understanding of the position the official opposition is taking with respect to the government's decisions to close off debate and close off hundreds of people who may wish to appear to express their concerns.

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QUESTION PERIOD

CONSIDERATION OF BILL 107

Mr. John Tory (Leader of the Opposition): My question is for the Premier. Late yesterday, under the cover of darkness, your office gave orders to shut down the committee hearings on Bill 107, the human rights legislation, against the express wishes of the legislative committee, which included your own Liberal members.

Now, one week ago, the Attorney General stood in this House, and he said in question period, "I look forward to the matter being debated in the committee, not only tomorrow and the next day but however long it takes." That's what the Attorney General said: "However long it takes."

My question for the Premier is this: Why is the Premier deliberately going back on the word of his Attorney General? Why is he ignoring and refusing to hear the hundreds of people who remain to be heard on this bill? And why did you order that the debate be shut down in this manner at this time?

Hon. Dalton McGuinty (Premier, Minister of Research and Innovation): There are a couple of points I want to put on the record here. First of all, I'll note in passing that the Conservatives, when in government, invoked closure 102 times, on 102 separate occasions, something that the leader of the official opposition may want to keep in mind when he considers his moral standing with respect to putting forward this point.

The second point I want to make is why it's so important for us to move ahead with improvement to our human rights system here in Ontario. Complaints presently take far too long. Five to 10 years for resolution of a complaint is simply unacceptable.

The legislation has been under discussion now for over 200 days. In fact, the call for change started some 14 years ago. The committee has toured Thunder Bay, London, Ottawa and, of course, it sat in Toronto. We were bringing forward amendments, but we think it's important that we move ahead.

Mr. Tory: The standing committee on justice policy decided that it wanted to hear from as many presenters as it could, and they unanimously -- with the support of your members, the Liberal members of the committee -- voted in favour of an extended hearing schedule that would in fact go beyond this month. They've got hearings booked solid, in any event, through to and including December 14. Beyond that, there were advertisements booked, on the instructions of the committee, by the clerk of the committee, at public expense of $106,000 to put ads in the newspaper advertising the hearings that had been agreed to by the committee. This is another $106,000 that you seem to be prepared to flush down the toilet because you have no respect for this House or for taxpayers' money.

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Your Attorney General said, "However long it takes," and you said, on April 27, that people would be given ample opportunity to be heard. There are hundreds of people waiting to be heard. Why are you going back on your word and not letting them be heard?

Hon. Mr. McGuinty: To the Attorney General.

Hon. Michael Bryant (Attorney General): There has been ample opportunity for this to be heard. This bill has been before the House for more than 220 days. We have had several days of second reading debate. We have had several days of public committee hearings. But let's be clear as to where each of the parties are. Last week, the member for Whitby-Ajax put out a press release saying that we should suspend the public hearings, stop them. In the summer, the House leader for the New Democratic Party said that he would filibuster the bill. We don't think that we should stop the hearings. We don't think that the hearings should be filibustered. We believe that there should be hearings this week, that they should continue next week, and that this should come back to the House for third reading. That is in fact what is going to happen, and that is going to ensure that for the first time in 44 years, our human rights system is actually going to get a reform.

Mr. Tory: The fact of the matter is that when you are bringing about reform to a piece of legislation such as the Human Rights Code that is a foundation piece of legislation in this province, when you are doing it for the first time in 44 years, if we accept your calendar on that, that is precisely why you need to take the time to hear from people, as you said. It was you, the Attorney General, who said that we would listen for however long it takes to people who wanted to be heard on this bill. That's what you said. The fact of the matter is, the official opposition only suggested the hearings be suspended until you actually shared with them, perhaps out of a sense of respect for the opposition, the wording of hundreds of amendments you were bringing forward to your own legislation.

My question is this: What happened to the person who stood in this House and said to the opposition and to the people of Ontario, "However long it takes"? You were right then on something that's amended once in 44 years, that people deserve the right to be heard. Why are you shutting them down now? Why is the Premier bringing the guillotine down on this debate and on these people and their right to be heard? It's a disgrace, and you know it.

Hon. Mr. Bryant: I think the member knows that if in fact a matter has indefinite debate, it means that the bill will never pass. And if that is the purpose of the official opposition, then I think they should make that clear. It has been the position of the third party that in fact they do not want the bill to pass. They have said that they will filibuster the bill. Mr. Kormos said that the Chair of the justice committee will be an old man before this bill passes.

We heard today from some people who have been, in their own words, re-victimized by this very system. We heard from Stephanie Payne, who talked about a complaint with the commission that was a traumatic experience that lasted 10 years. We heard from Suvania Shiu, who said she was re-victimized by the process: Eight and a half years before the commission, and the case was in fact dismissed.

I'm not going to wait until victims of human rights are old men and old women before we have an opportunity to bring this bill back to the House for an up-or-down vote --

The Speaker (Hon. Michael A. Brown): Thank you. New question.

Mr. Tory: My question again is to the Premier. There is no one suggesting it should go on indefinitely at all. We're just suggesting --

Interjections.

The Speaker: Order. The Minister of Northern Development.
The Leader of the Opposition.

Mr. Tory: We're merely suggesting that the people who have expressed a wish to be heard should be heard. The reason that legislation of this type gets dealt with only once in a generation is because it is so important, because it is so complex, because the issues are difficult to deal with. There is no one who is arguing the status quo should prevail. Not one person is arguing that the backlog that has been created over time should be allowed to continue.

It was the Attorney General of Ontario, the very man who was just lecturing me, who said: "We look forward to ... getting feedback from Ontarians." "We anticipate this should go to committee." "I look forward to this debate." "I look forward to [it] being debated ... however long it takes."

These are quotes from the Attorney General.

I ask the Premier this question: At every corner, this government has broken promises. Now Mr. McGuinty has humiliated his own Attorney General -- who said, "However long it takes" -- by going back on the Premier's and the Attorney General's word. Will you withdraw this time allocation motion, allow people to be heard --

The Speaker: The question's been asked. Premier?

Hon. Mr. McGuinty: In government, as I'm sure the leader of the official opposition will recognize, we have a responsibility to bring about progressive reforms that meet the needs of the people of Ontario. Equally important, we have a responsibility to ensure that people have an opportunity to lend shape to policy initiatives. And of course, we also have the right, as the duly elected government of the people of Ontario, to move forward legislation once we have made a call that it's important legislation and that we've ensured that people have an opportunity to lend shape to that legislation.

This call for change started some 14 years ago. The legislation has been under discussion for over 200 days. In the end, it will have more than 40 hours of debate. Again, we're talking about a committee that did have the opportunity to tour the province. We think, all things considered, that this is an important public policy initiative. We think we've given the people of Ontario ample opportunity to lend shape to this policy. We'll be having more committee hearings, and we look forward --

The Speaker: Thank you. Supplementary.

Mr. Tory: What the Premier just said about having more committee hearings is not consistent with the facts, not in terms of listening to people. There will be hearings to consider amendments -- hundreds, dozens of amendments that have been brought forward.

Let's trace through the chronology. On November 14, in Hansard, in question period, the Attorney General says, "However long it takes." On November 14, Mr. Bryant, the Attorney General, writes a letter to Mrs. Margaret Parsons, in which he says that the committee intends to hold additional public hearings in the winter on dates and in locations to be determined. On November 15, the committee itself, including the Liberal members, votes in favour of an extended round of hearings at that time. And then on November 20, the guillotine is brought down by the Premier's office to shut down debate, to gag these people who want to be heard on this human rights legislation.

Premier, what happened between November 14 -- "However long it takes" -- the letter, the vote by the committee and you bringing down the guillotine? What are you afraid of? What happened?

Hon. Mr. McGuinty: To the Attorney General.

Hon. Mr. Bryant: The member may be mistaken about his facts. There was a published report out today which suggested that debate and committee hearings will end today. That, in fact, is not accurate. Yes, we are debating that tonight. There will be further committee hearings this week, there will be committee hearings, as I say, next week, and this bill will come back for third reading in November.

It is the very nature of this bill and this reform that this matter has been debated and studied and filibustered to death. On that basis, nothing has happened in some 44 years. The New Democratic Party empanelled a task force to look at the matter and did nothing about it. The Conservative government, which didn't even bother empanelling a task force, did nothing about it. How many days of public hearings did we have on human rights bills under the Conservatives? Zero. How many days of public hearings under the NDP? Zero. Have we had ample debate on this? Yes, we have. Yes, we --

The Speaker: Thank you. Final supplementary.

Mr. Tory: I come back to my question. It wasn't me who stood in this House and said that they would take however long it takes to listen to the people. It wasn't me who wrote the letter to Mrs. Parsons saying that there would be hearings held in the winter on dates and in locations to be determined. In fact, if you check the motion brought forward by the government House leader, it says that the committee is authorized to meet from 9:30 to 12:30 and after routine proceedings on November 29 to consider and complete clause-by-clause consideration of the bill, and it goes on to talk about other things after that. What happened? Why don't you just stand up and admit, then, that you wrote a letter and misled this woman with respect to the fact --

The Speaker: You'll need to withdraw the offending word.

Mr. Tory: I'll withdraw that. But why don't you stand in your place and say you wrote a letter to Mrs. Parsons and were grossly inaccurate with respect to the fact that there would be further hearings that you committed to, that you didn't mean it when you said you'd let the hearings go on for however long it took to hear the people who wanted to be heard. Answer the question. What happened? Why won't you let people be heard on this bill?
Hon. Mr. Bryant: Well, this is great. This is from the leader of a Conservative Party whose one contribution to the human rights system when they were in government was to cut the legal aid system by $2 million, preceded only by the NDP government, which, in the year before the Tories took power, cut the legal aid system by $2 million. Your sole contribution to this entire process has been to cut the funding for legal aid, and last week your critic said that we have to suspend public hearings on legal aid.

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We will not do that. We will not continue the tradition of cuts. We will not continue the tradition of silence. We will not continue the tradition of inaction. We will reform the human rights system in the name of those victims so that we in Ontario can have a human rights system we're proud of instead of the one, and the record you have, which you should be ashamed of.

The Speaker: New question. The leader of the third party.

Mr. Howard Hampton (Kenora-Rainy River): My question is for the Premier. After promising advocacy groups and visible minorities concerned with human rights protection that you would hold public hearings on Bill 107, today you announced that you're cancelling the public hearings and shutting down debate.
Premier, you promised to listen to human rights advocates, not shut them out. What's your justification for this betrayal of trust and this betrayal of your promise?

Hon. Mr. McGuinty: I'm happy to take the question of the leader of the NDP.

I think it's really important to understand what is at stake here. What's at stake is an absolutely essential reform of an antiquated, outdated human rights system.

We have heard from many people for many years now, over a course of various governments of various political stripes, none of whom have had the courage, until ours, to decide to pick up this ball and run with it.

It's not without some controversy; we understand that. But we also think we have given the people of Ontario good opportunities to provide shape to our public policy initiative, and we think it's really important that we move forward.

As I said just a few moments ago, the legislation has been under discussion for over 200 days. We will have more than 40 hours of debate by the time this matter is brought to conclusion --

The Speaker: Thank you. Supplementary?

Mr. Hampton: This is once again about promises that you and your Attorney General made. Your Attorney General gave you a copy of the letter to Margaret Parsons, executive director of the African Canadian Legal Clinic, where he says, "The committee intends to hold additional public hearings in the winter on dates and in locations to be determined." You got a copy of that.

Now you're saying you don't care to hear from advocates for the vulnerable, you don't care to hear from advocates for the disabled community, you don't care to hear from advocates from visible minority communities -- you don't care to listen to them or hear from them.

Premier, some of those advocates are here today. Can you tell them why the McGuinty government doesn't think you need to listen to them or hear from them after you promised to do so?

Hon. Mr. McGuinty: To the Attorney General.

Hon. Mr. Bryant: I'm sure the leader of the New Democratic Party doesn't want to talk about the social contract being pulled out of committee: no hearings, and cutting off of debate.

I'm sure the leader of the third party would like to talk about those people who disagree with him, who are here today in the Legislature to say that we need to get these reforms and that the filibustering tactics of the third party cannot be allowed to continue forever.

I'm sure that Mr. Hampton heard from the people who support Bill 107. I'm sure he heard from June Callwood, and as well from the president of the Ontario Coalition of Rape Crisis Centres. I'm sure he heard from Catherine Frazee, former chief commissioner of the Ontario Human Rights Commission. I'm sure he heard from Buzz Hargrove, president of CAW Canada. I'm sure he also heard from the Centre for Research and Education on Violence Against Women and Children. I'm sure he also heard from METRAC and from the Faye Peterson Transition House.

Why is the NDP not listening? Everybody is saying we need to change the system. We have a bill before the House to do so. Why --

The Speaker: Thank you. Final supplementary.

Mr. Hampton: Premier, you're the one who said to the people of Ontario that you believed in open, accountable, transparent government. You're the one who told these advocates that there would be continued public hearings and that you wanted to hear what they had to say.

Community Living Ontario is opposed to your scheme. So what have you done? You've cancelled their hearing. David Lepofsky, a pioneer in fighting for the rights of the disabled, is opposed to your scheme. So what have you done to him? You cancelled his hearing. The Asian Community AIDS Services, the Disabled Women's Network, the Accessibility for Ontarians with Disabilities Act Alliance, what's happened to them? Cancelled, cancelled, cancelled.

Premier, it's your promise. You said you wanted to hear from these people. Tell them why you don't care what they think, what they say or how this may affect them.

Hon. Mr. Bryant: The leader of the third party opposes this bill. The leader of the third party does not want this bill to pass. The leader of the third party will do everything he can to stop this bill from ever passing. The leader of the third party doesn't care about continued debate with a view to having this bill come before the Legislature for a vote. The leader of the third party wants to do one thing and only one thing: He wants to filibuster and derail this bill.

Why did the leader of the third party take the task force that he empanelled, led by Mary Cornish, that called for these reforms and shelve it? Why did he do that?

The Toronto Star said on November 19, "In the face of clear evidence the current system is broken, Ontario cannot afford to let this opportunity slip away." We will not let this opportunity slip away.

Interjections.

The Speaker: Order. New question, the leader of the third party.

Mr. Hampton: To the Premier again, because once again, this is his promise. Premier, there is no filibuster here. There's been no filibuster. The only question I've asked on this legislation is about your government's willingness to hold public hearings and to hear from all the human rights advocates who may be affected by it. So stop trying to pretend that somebody is trying to pour cement in the works. That's not happening.

Premier, what's really interesting is that you spent over $100,000 on newspaper ads advertising that there would be public hearings. That's $100,000 of public money. So I want to ask the Premier this: If you weren't interested in hearing from these human rights advocates, if you don't care what they say, why did you spend $100,000 placing ads saying there would be hearings?

Hon. Mr. McGuinty: Just to support something my Attorney General said a moment ago, I think it's really important that we understand what's at play here. The Conservative Party and the NDP are absolutely opposed to moving ahead with human rights legislation in the province of Ontario. They've made that very clear. They are cloaking that under the guise of a desire to support additional representations to be made by members of the public. We understand that and we see through that. Our higher responsibility owed to the people of Ontario is to ensure that we reform Ontario's human rights system.

I can understand why the previous governments have shied away from that. It is fraught with some real challenges, but notwithstanding that, we've heard from Ontarians. I think we'll have close to 10 days of hearings at the end of it. We've had ample opportunity to hear from people, and we're open to more representation to be received by way of e-mail or letter, but we really think it's time for us to move ahead.

Mr. Hampton: Premier, I want to remind you of some of your comments and your Attorney General's comments of just a few years ago. Your Attorney General, when he was in opposition, said, "I, too, choked when I saw that yet another debate-killing motion was before this Legislature." He said that time allocation is a guillotine motion, "We want more debate, not less debate."

You spent $100,000 telling everyone far and wide in the province there would be more debate and there would be public hearings, that you wanted to hear from the people who might be affected by this legislation.
Premier, if you're so opposed to guillotine motions, if you're so opposed to shutting down debate, if you're so opposed to shutting out people who want to be heard on important human rights legislation, why would you ever bring in a guillotine motion yourself that terminates the hearings and shuts down debate?

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Hon. Mr. McGuinty: To the Attorney General.

Hon. Mr. Bryant: June 8, 1993, Bill 164, auto insurance: three days in committee before time-allocated. Bill 165: four days in committee before time-allocated by the NDP government. Bill 48, the social contract: one day in committee before the whole House moved on a time allocation. Bill 100, regulated health professions: five days in committee before movement of time allocation.

Let's be clear here. The third party's approach to Bill 107 is to filibuster. I'm not guessing; I'm quoting. Mr. Kormos, on August 10 in standing committee, said, "I want to filibuster the bill ... [and] you'll be an old man before this thing passes, okay?"

Well, I don't want the victims of human rights to be old men and women before this bill passes --

Interjections.

The Speaker: Order. Member for Halton.

Final supplementary?

Mr. Hampton: Besides breaking promises, the McGuinty government is very good at only reading half the quote, because what Mr. Kormos said is, "Let's just get realistic here and be practical and act in good faith, like we have so far," and have the public hearings. But do we see good faith from the McGuinty government today? No, not for a second. What we see is a government that is afraid that people who have credibility in the human rights field might criticize it; that human rights advocates like David Lepofsky might point out that your legislation isn't all that you've advertised it to be.

Isn't that the real issue, Premier? You don't want to hear from these human rights advocates because they might be critical of your legislation, and nine months before an election you're prepared to put your political future ahead of their human rights advocacy.

Hon. Mr. Bryant: I can say with a lot of confidence that in fact this government has heard from many, many, many people on this issue, both in committee hearings and outside of committee hearings. We've heard from people who support Bill 107, and believe me, I have heard from people who are opposed to it, and I've heard them several times. I've sat down with some of the people -- from the letters you are quoting from -- several times. We've spent hours and hours and hours debating this bill in and outside of the House. We've spent years and years and years considering these human rights reforms.

But meanwhile, what about the 2,500 people who come to the human rights system every year and who see years and years and years of delay? This reform is about ending the delay in the human rights system. And if any party is playing politics with this debate, it's that party right there.

The Speaker: New question?

Mr. Tory: A question for the Premier: In stating that both of the opposition parties were not interested or were opposed to reforming the human rights act, you made statements that had no foundation in fact. We think the system has to be fixed, and we believe that a backlog, in effect, acts to deny justice or deny access to people.
But it's very interesting to note that the Attorney General, in getting up and listing all the people who had been heard recently, listed people who had come in favour of the bill. It is very interesting to note that a lot of the people you're guillotining and gagging and who are not being heard are people who have concerns about the bill.
You've decided you are not going to hear from them on a bill that we amend every 40 years or so.

My question is this: If we commit to agreeing to have this matter come to a vote first thing when we come back in the spring, will you agree to let the hearings go ahead that were scheduled and agreed to and committed to at your word by your government? Will you agree to let those hearings go ahead and let these people be heard on this fundamental piece of legislation?

Hon. Mr. McGuinty: To the Attorney General, Speaker.

Hon. Mr. Bryant: The leader of the official opposition talks about human rights reform as if it's something that the Conservative Party had been remotely interested in. Was it in your platform in the last election? No, of course it wasn't. Was it in the platform in 1999? No, of course it wasn't. Did they introduce a single bill before the Legislature to advance the human rights system in the eight years they were in office? No. They've never had an interest in improving the human rights system. Their sole contribution to the human rights system is that they cut it by $2 million in their first year in office. So we're not going to take any lectures from that leader when it comes to reforming the human rights system.

Mr. Tory: The Attorney General should check the history books. It was John Parmenter Robarts, Conservative Premier of Ontario, who introduced the Human Rights Code in this province. But let's forget about the history.
Let me reiterate that I want to know what happened between the time the Attorney General of Ontario said, "However long it takes" -- he wrote to Ms. Parsons and said there would be winter hearings. If you want to talk about good faith, I'm standing here saying that if we agree that we will allow a vote to be taken first thing when the spring session of the House begins, will you agree to let these people be heard, as you said you would in writing -- your word -- as you said you would in this House in response to a question, and if not, why not? Why won't you keep your word and why wouldn't you agree to a reasonable accommodation like that when it comes to human rights legislation -- foundation legislation in this province that people have the right to be heard on?

Interjections.

The Speaker: Order.

Hon. Mr. Bryant: The leader of the official opposition quotes from Premier Robarts and asks what happened. I don't know what happened to the grand old Conservative Party, but I can tell you they've lost all their interest in human rights reform in the last 40 years.

Let's be clear --

Interjections.

The Speaker: Order. I'm having great difficulty hearing the Attorney General.
Attorney General?

Hon. Mr. Bryant: The member is quoting from statements that have been made over the last few months. I'd remind him of the statement made by the member for Whitby-Ajax. She said that the committee hearings should not proceed. She wanted the committee hearings to stop last week, and we're saying no, we're not going to stop the committee hearings, and no, we're not going to filibuster the hearings. Rather, we're going to make sure that an appropriate amount of committee hearings take place -- more committee hearings than ever took place on the social contract, and more committee hearings than took place on just about every single bill that was before this House under the Harris-Eves government --

The Speaker: Thank you. New question.

Mr. Hampton: My question is to the Premier. I want to read to you a letter that is addressed to you as of today's date:

"I wish to express my profound dismay at your government's notice to invoke closure and prematurely end debate on Bill 107, An Act to reform the Ontario Human Rights Commission."

Further, "By bringing an abrupt halt to the proceedings, the opportunity to reform the legislation is lost. I fear the
existing divisions will become more polarized and bitter."

This is a letter from Barbara Hall, chief commissioner of the Ontario Human Rights Commission. If you won't listen to me and you won't listen to the human rights advocates who are here today, will you at least listen to the chief commissioner of the Ontario Human Rights Commission, whom you appointed?

Hon. Mr. McGuinty: To the Attorney General.

Hon. Mr. Bryant: Here is the NDP trying to have it both ways. When the chief commissioner was before the justice committee hearings, the House leader for the third party, Mr. Kormos, questioned whether or not Ms. Hall was speaking on behalf of the entire commission and, as a result, he said, "We need to have every single staff person in the commission come before the justice committee and testify" -- every single person. You can't question the credibility of the chief commissioner on one hand, and then rush to the defence of the chief commissioner on the other.

To speak to the chief commissioner's concerns, I can assure everybody in this House that yes, as she asks, there will be an opportunity to fine-tune the amendments; yes, the commission will be given an opportunity to address the amendments; and yes, Chief Commissioner Barbara Hall supports Bill 107.

Mr. Hampton: Premier, I want to quote further from the chief commissioner of the Human Rights Commission, whom you appointed: "It may seem trite to remind you that justice must not only be done but must be seen to be done. This is an essential truth with the law and particularly in regard to human rights. The justice policy committee clearly felt that an extended period of consultation would have value; however, the invitation may now be withdrawn. Dozens of groups and individuals who have waited to take part could be denied the opportunity at the 11th hour."

Premier, the chief commissioner is asking you to withdraw your motion of closure. I am asking you, will you do the right thing? Will you withdraw your motion of closure and hear from these human rights advocates and build consensus rather than creating division, which is what you are doing now?

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Hon. Mr. Bryant: Look, it is a matter of determining the point to which one lets the New Democratic Party filibuster this bill. There has to be a point at which the government says, "This many days and then let us have a vote."

Interjections.

The Speaker: Order. The member for Erie-Lincoln. The member from Renfrew.
Attorney General?

Hon. Mr. Bryant: The member refers to justice being done and seen to be done, and that is absolutely the case. We have to ensure that there is an ample number of days and hours devoted to this bill. But I remind the member of another truism, which is that justice delayed is justice denied. For too many people who go to our human rights system, they are receiving no justice at all. We heard from people this morning who were before the human rights system for eight and a half years, for 10 years, and no justice. For these people, justice delayed means no justice at all.

This bill shortens the pipeline from complaint to resolution. That's why this bill is before the House. That's why it needs to come before this House for an up-and-down vote, and that's why we need to reform this human rights system right now.

___________________________________________

CONSIDERATION OF BILL 107

Mrs. Christine Elliott (Whitby-Ajax): My question is for the Attorney General. Yesterday, in response to my question, you stood in your place and guaranteed that all Ontarians will receive full representation by a lawyer throughout their complaint process under Bill 107. The Hamilton Spectator, however, reported on November 10, 2006, that you said, "The province is willing to make changes to its proposals for overhauling Ontario's human rights systems but it won't pour in more money."

Minister, you can't have it both ways. It's time for you to be honest with the people of Ontario, particularly the most vulnerable people in Ontario. How can you possibly reconcile these two statements and provide a lawyer for every person who wants one without putting in additional funding?

Hon. Michael Bryant (Attorney General): Well, the Conservative Party can't have it both ways. The Conservative Party cannot on the one hand cut funding to the Ontario Human Rights Commission and then, on the other hand, say that in fact they want to reform and improve the Human Rights Commission. And the member opposite can't say last week that the committee hearings should not proceed, on the one hand, and yet we should have more committee hearings, on the other hand.

When it comes to these committee hearings and when it comes to this bill, there has been a significant amount of debate. The positions are very well known. I don't anticipate I'm going to change the minds of some people, which is not to say that the committee amendments we've already presented before the committee are not going to continue to be considered and consulted on, and I look forward to the member's comments, substantive comments, on the specific amendments that are before her right now, because we put those amendments before her in committee last week.

Mrs. Elliott: Minister, you know and I know that what I said in committee last week was that we should suspend the committee hearings until we have the full text of the amendments so that we know that your smoke-and-mirrors amendments have some substance. You know that you did not table the amendments with us; you gave us some vague statement that people are attaching to you because you're saying the words they want to hear. But you know and I know that that's not what the amendment said. We don't even have the amendments. You're the one who's cutting off the debate; you're the one who's muzzling disability and racialized minority groups. And before these hearings are cut off, let's be clear: How do you plan to find a lawyer for every person who wants a lawyer in these proceedings without putting more new money in? Let's be honest with the people of Ontario.
Hon. Mr. Bryant: Funding for the Ontario Human Rights Commission reached a 10-year low. It happened in 1996-97, and it happened under the Harris-Eves government.

The views on this bill are well known. The views on human rights reform are well known. They've been known for years. The views on Bill 107 have been known for more than 200 days. The e-mails, the letters, the meetings, the committee hearings -- there have been dozens and dozens and dozens.

We know that the third party wishes only to filibuster. I don't know if the official opposition wants to filibuster or simply derail. I do know that the only way in which we're going to get the first reform to the human rights system in 44 years is if at some point it comes back to this House and we have an up-and-down vote on reform for the victims in Ontario, so that we can give them real, adequate and timely justice, something they've not had for far, far too long.

___________________________________________

CONSIDERATION OF BILL 107

Mr. Norman W. Sterling (Lanark-Carleton): My question is to the Premier. During the last election in a platform document, Government that Works for You, you promised, "We will require public hearings for all major legislation."

Mr. Premier, we've had probably five or 10 pieces of legislation which I would consider major during the last three years. I consider Bill 107 as one of those major pieces of legislation. Do you consider Bill 107 a major piece of legislation?

Hon. Dalton McGuinty (Premier, Minister of Research and Innovation): To the Attorney General.

Hon. Michael Bryant (Attorney General): We have had public hearings. Let me say it again: We have had public hearings, and we're having more committee hearings, and we're having more debate on this.

I know that there was no bill under the Harris-Eves government that dealt with human rights reform. I understand that. There weren't any public hearings on that when the member was in that government. They didn't bring any such bill before the House; we have brought this bill before the House.

The member knows very well that at some point after there's debate and committee hearings, there's a time when the views are well known, there are times when the positions are well established and there is an opportunity for members of this House to come in fully informed. Nobody can suggest that they are not fully informed on issues around the human rights system and have an opportunity to vote on this. That is the opportunity that we have with this bill and that is the opportunity the members of this House will have when it comes to this Legislature for a vote.

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Mr. Sterling: All of us in this Legislature, save and except for the Attorney General, perhaps, can say that we are not informed, because the amendments to this legislation have not been shown by the Attorney General to the committee or to this Legislature. How can you cut off the process? How can you cut off the process, Mr. Premier? How can you cut off the process when all of the facts are not on the table? Will you, at the very least, postpone the guillotine motion to be debated tonight until after the Attorney General puts the amendments on the table so everyone knows what they're dealing with? Is that not a most reasonable request?

Hon. Mr. Bryant: This is coming from a government House leader past who was the captain of closure motions when he had the opportunity. Seriously, I have great respect for the member asking the question, and I find it hard to believe that the member seriously thinks that the calls for reform to the human rights system that are before this House have not been before this House for many years. The member knows very well that when he was the House leader, the government would never show up at committee hearings and propose the amendments, as this government has done. We've proposed the amendments; we've put them before the House.

I would like to hear feedback from the member as to what he thinks of the amendments. Of course we will file the amendments in accordance with the rules; of course we will file the amendments in accordance with the standing orders. But we went one step further: We provided them in advance. This is all just smoke and mirrors. This is an effort to try and derail a bill that deserves to come to this House for an up-or-down vote once and for all so we can reform this human rights --


___________________________________________


LEGISLATIVE ASSEMBLY OF ONTARIO
Tuesday 21 November 2006 Mardi 21 novembre 2006

ORDERS OF THE DAY
TIME ALLOCATION

The House met at 1845.
ORDERS OF THE DAY
TIME ALLOCATION

Hon. Leona Dombrowsky (Minister of Agriculture, Food and Rural Affairs): I move that, pursuant to standing order 46 and notwithstanding any other standing order or special order of the House relating to Bill 107, An Act to amend the Human Rights Code, that the standing committee on justice policy be authorized to meet from 9:30 a.m. to 12:30 p.m. and after routine proceedings on Wednesday, November 29, 2006, to consider and complete clause-by-clause consideration of the bill; and

That the deadline for filing amendments to the bill with the clerk of the committee shall be noon on Wednesday, November 29, 2006. On November 29, 2006, at no later than 5 p.m., those amendments which have not yet been moved shall be deemed to have been moved, and the Chair of the committee shall interrupt the proceedings and shall, without further debate or amendment, put every question necessary to dispose of all remaining sections of the bill and any amendments thereto. The committee shall be authorized to meet beyond the normal hour of adjournment until completion of clause-by-clause consideration. Any division required shall be deferred until all remaining questions have been put and taken in succession with one 20-minute waiting period allowed pursuant to standing order 127(a); and

That the committee shall report the bill to the House not later than Thursday, November 30, 2006. In the event that the committee fails to report the bill on that day, the bill shall be deemed to be passed by the committee and shall be deemed to be reported to and received by the House; and

That, upon receiving the report of the standing committee on justice policy, the Speaker shall put the question for adoption of the report forthwith, and at such time the bill shall be ordered for third reading, which order may be called on that same day; and

That, on the day the order for third reading for the bill is called, the time available for debate, up to 5 p.m. or 9:20 p.m., as the case may be, shall be apportioned equally among the recognized parties; and

That when the time allotted for debate has expired, the Speaker shall interrupt the proceedings and put every question necessary to dispose of the third reading stage of the bill without further debate or amendment; and

That the vote on third reading may be deferred pursuant to standing order 28(h); and

That, in the case of any division relating to any proceedings on the bill, the division bell shall be limited to 10 minutes.

The Acting Speaker (Mr. Ted Chudleigh): I think in the fourth last paragraph you said "5 p.m." and I believe that it reads "5:50 p.m."

Hon. Mrs. Dombrowsky: I stand corrected.

The Acting Speaker: Thank you very much. The minister has moved motion 248. Would the minister like to say a few words?

Hon. Mrs. Dombrowsky: I do want to make some comments on Bill 107 and the motion today and why the government believes that it is very important that we move this legislation along.

As we have heard in the Legislature today, certainly the Attorney General and our Premier have taken the opportunity to remind the people in this assembly that this is legislation that has been awaited for a very long time. I remember, when I was in opposition, I met with many groups in my constituency office who had concerns about the human rights bill and where there needed to be improvements. I congratulate the Premier and the Attorney General because they have moved this forward. They have recognized that there is a need to ensure that people who wish to avail themselves of the justice system can receive that justice in a timely way.

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Just a few points that I want to make on behalf of the bill. Under this proposed legislation the Ontario Human Rights Commission will be strengthened. It will have a mandate that will focus to address issues such as education promotion to share with the people of the province how they can better and more easily access the justice system. There is a public advocacy component, and I think all of us in this House certainly appreciate how important it is that people across the province of Ontario have it made known to them what their rights are and how they can seek justice if they believe that they are victims in any way, in that particular circumstance. The bill also accommodates for research and monitoring.

I've had the opportunity to review the bill. One component of the bill -- it is obviously not a part of the present bill that Ontarians have to deal with -- is the fact that in this bill, number one, there is a requirement that the commissioner will provide an annual report to this assembly. So accountability is a big part of this bill. Also, there is a requirement in the bill that the legislation would be reviewed in five years. Going forward, if there are shortcomings in the legislation or in the operation of the commission, if they are identified, this piece of legislation actually directs that in five years there would be a review and therefore an opportunity to improve and/or correct any parts of the bill that are not adequately meeting the needs of the people of Ontario. We, however, do believe that the changes that were being contemplated when this bill was drafted have been made after much consultation and many years of consideration on how, going forward, we can better ensure that the rights of Ontarians are considered and defended and represented.

Other features of the bill are to address the systematic discrimination that may occur from time to time in our province. There are very specific commissions in the tribunal, very specific responsibilities. As a result of the kind of input and the real-life stories that have come to us, we have been directed by those. As a result, we have, I believe, brought forward a piece of legislation that will better enable people in the province of Ontario who may be victims of racism, for example, or who may be disabled and feel that they have been victimized because of their disability -- this bill provides that they would have better access to justice to have their cases heard.

I have to say that I have heard anecdotally a number of stories from constituents who right now have been caught up in a human rights system where it can take literally years and years to be resolved. In some cases, the parties who brought the action forward are no longer even involved in their roles. In many cases when the processes drag out that long, you really have to ask: Has justice really been served if it has taken so long to actually complete?

I listened very carefully to the Attorney General today when he was answering questions during question period, and I think the point he made that, for me, perhaps makes this piece of legislation most relevant to my constituents is that Bill 107 is going to provide real, adequate and timely justice for the people in the province of Ontario. In many cases -- in far too many cases -- that has not happened.

Our government is an activist government. We believe in acting on behalf of the good and the well-being of the people in our province. There is no question that any time a government would look to act on legislation of this nature, it's going to evoke controversy. We think that is a very good thing. That is the reason why we have scheduled so many days of committee hearings, so we could hear that response, that reaction, that this kind of legislation understandably does inspire. We have listened very carefully. I know that the Attorney General has been working very hard to ensure that folks who have a desire to make their feelings known about this legislation have had the opportunity. I know that he works very hard to ensure that their issues have been and will continue to be addressed. I know that he is going to be proposing amendments.

So I think it's very important, for the members of this House and most importantly for the people of Ontario, that they recognize that our government believes that it's important to act swiftly, that people have had to endure delays in justice for far too long and our government is not going to tolerate that anymore. We maybe don't understand but certainly respect that there are parties in this House who really have no interest in moving this legislation forward expeditiously, if at all. Well, we're not going to be a part of that. We're here to act on behalf of the people of Ontario. We will do what we believe is best in their interest, and we believe that, by considering Bill 103 and having it dealt with in the matter, what we're doing this evening is what's best for the people of Ontario. I thank you very much for this opportunity.

The Acting Speaker: Further debate?

Mr. John Tory (Leader of the Opposition): In the short time that I've been here, I think this is the first time I've spoken on one of these time allocation motions. I realize that this is not the first time in this House, by governments of any party, that time allocation has been used. In fact, we had had quite an interesting recitation today, I think from the Attorney General, of various times it's been used in the past.

What is particularly sad about this is that the one thing that I find frustrating about being involved in the political process and being involved as an elected representative is the degree to which it's difficult, quite often, to engage members of the public in the pieces of legislation that we're passing here, to get people in large numbers to show genuine interest -- pro, con or otherwise -- on things that we're doing here, to get people to actually decide that maybe they're interested enough to watch the television at 7 o'clock at night, watch some of the debates we're having.

This bill, because it is what I described earlier today as a foundation piece of legislation, which I think really has a lot to do with the way we live our lives, the way we govern ourselves -- a lot of the things that we talk about in here, in terms of basic core values of Ontario citizenship -- is one of those pieces of legislation that I'm not surprised the people of Ontario have a great deal of interest in and would like to see us amend and reform with great care.

I thought that the Attorney General today, quite frankly, was outrageous in talking about how the only part of the record of the Progressive Conservative Party with respect to the human rights legislation was to cut it. In fact, I just went back and got out Hansard from 1961, where it talked there about the fact that that was the day on which the Ontario Human Rights Code -- it was then called the Ontario Code of Human Rights -- was introduced. It was a consolidation of bills, every single one of them passed by a Progressive Conservative government: the Racial Discrimination Act, 1944; the Fair Employment Practices Act; the Female Employees' Fair Remuneration Act; the Fair Accommodation Practices Act; the Ontario Anti-Discrimination Commission; and on it goes. Every one of those things was introduced by a Progressive Conservative government. In fact, the Attorney General, aside from being unfair in that characterization today, also suggested that this was the first time in 44 years that this bill had been amended in a significant way. That, too, is inconsistent with the facts, in that Dr. Bob Elgie, the member at the time for York East, led a very significant reform to the Human Rights Code in 1980, which Mr. Lepofsky referred to today when he was on the premises at Queen's Park. It was said by Mr. Warrender, the Minister of Labour in 1961, "We all agree that respect for the dignity and rights of every human being is the foundation stone of peace and justice in this country and this world. The promotion of the kind of society where men and women of all races and creeds can come together in co-operation and goodwill is the basic objective of Ontario's Code of Human Rights."

It was very interesting, because on that day we had speeches in this Legislature from members of the New Democratic Party and members of the then official opposition, the Liberal Party. I'll come back to this at the end, because the spirit within which that was dealt with at that time was quite different from what is going on here today.

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Having looked at that history, I did want to correct the record in that regard because I think the Attorney General's comments were totally inconsistent with the facts and were outrageous. Having said that, what is equally outrageous is the history of this matter in the recent period of time. The first thing we have -- and the Attorney General will recall this, as will other members of the House -- is that there was a series of questions asked last spring about the degree to which there had been adequate consultation undertaken before the bill was introduced. As I recall -- and I can't quote it; I don't have it in front of me -- the Attorney General had made a commitment, at that time, that before any bill was introduced -- I think I'm correct in saying this -- there would be full consultation. He was able to stand up in this House and read off a long list of groups that he'd consulted, and I take him at his word. I'm sure he did. The problem was that we were able to get up in this House and read a long list of groups that said they had not been consulted and wanted to be consulted. So already, at that time, the minister was not acting in a manner consistent with his word in that he failed to consult a lot of these groups that said they weren't consulted.

So we started off, on a matter that should be of common cause between all parties, common cause as best one can pull it together -- and I know it's not easy -- to try to get a consensus behind this most fundamental foundation piece of legislation in our society with a group of people who felt, inconsistent with the word of the minister, that they were left out.

The minister then has answered for this, or not answered for it, as the case may be, throughout a period of time since then -- because we've asked various questions about when you were going to consult -- and every time, I think it's fair to say, it's, "Don't worry; we will. Don't worry; we'll consult. Everybody will be heard."

The most explicit he was on this was just a week ago, on November 14, when in this House, in question period, in response to a question from my colleague from Whitby-Ajax, he said, "I look forward to the matter being debated in the committee, not only tomorrow and the next day but however long it takes." That is exactly what he said: "however long it takes." He didn't say, "however long it takes as long as it's over by next Tuesday," or "however long it takes if we can hear the next eight groups that want to be heard," most of which, by the way, were favourable to the government's legislation. It's an odd coincidence that the people who probably were lined up to speak first -- because the government knew it was going to do this, notwithstanding that the minister's word, given in this House, was that we would have this discussion go on and hear from people, to use his words, "however long it takes."

That may have been the minister claiming he misspoke himself. I don't know. He hasn't explained yet why he said one thing and did another, notwithstanding that we all understand that that is the hallmark of the McGuinty Liberal government. But the very same day, he signed a letter to Ms. Margaret Parsons, executive director of the African Canadian Legal Clinic, in which he talks about looking forward to the committee holding additional public hearings in the winter on dates and in locations to be determined -- in the winter. I don't think he thinks it's winter now. It's not winter yet. "Winter" means after December 21, by which time the guillotine will have been brought down on this bill and people will have been shut out. Why did he write and sign that letter on the 14th, giving his word that there would be opportunity for people to be heard and that this was in the hands of the committee, which is what this letter says? Those are the two things we have from him most recently, on top of all the things from the spring where he gave his word that people would be heard, even those whom we identified as not having been heard earlier on.

Then it gets even more interesting because the next day the committee meets, and it has a report from the subcommittee recommending more hearings be held, including hearings after Christmas, to make sure we heard from all those who wanted to be heard.

What happens that day? The committee unanimously votes to accept that report to have the extra hearings. I know there is this fraud that is perpetrated that sort of says, "Oh, the committees really control their own affairs. We never have anything to say about that." That's kind of like last week, when the Premier wrote a letter to the Ombudsman saying, "Don't worry. You'll be heard and you'll get the time that you want at the committee." Meanwhile, his members were ordered to vote down the Ombudsman having 15 more minutes of time that the
Ombudsman wanted.

In this case, lo and behold, what we have here is a good thing. All the members of the committee from all parties -- as it should be on a piece of human rights legislation like this -- vote in favour of having the extra time and the extra hearings and, on the strength of that, the clerk of the committee goes out and spends 106,000 taxpayer dollars buying ads in the papers to say, "Come to the hearings. We want to hear from you." That's money we now can't get back, by the way, but this is not about money. It's just interesting that they permitted that to happen.

Lo and behold -- that's on November 15 -- five days later, on November 20, the guillotine comes out, so obviously what happened here is that the Liberal members knew what they wanted and they did vote to have the hearings go ahead. The Premier's office and the Attorney General's office ordered that this debate be shut down because it was inconvenient to them to actually think they might listen to some people from across the province. I wonder what it is they're afraid of hearing. We are trying -- I think we should be trying, in any event -- to develop a consensus as broad as we possibly can when it comes to the Ontario Human Rights Code and what the minister I think has correctly described as "fundamental reform."

By the way, the minister got up and asserted -- or I guess it was the Premier who did today -- that we, the Progressive Conservative Party and the New Democratic Party, are opposed to reforming the Human Rights Code. No one has ever said that, but we do think that, if you're reforming as fundamental a foundation piece of legislation as this, you take the time to do it right, you hear the people who want to be heard, especially when we have so much trouble engaging people in legislation and things we do here, and especially when a lot of people do have some concerns about the bill. So we should get it right, as opposed to getting it done quickly.

The fact of the matter is that passing it now versus passing it, which we offered to do, first thing up in the spring, after the people have been heard today, is not going to make a material difference in terms of eliminating the old backlog or getting started on the new one, where the minister himself has been extraordinarily vague about the degree of legal advice people are going to be able to get: how much of it, how many lawyers, where they are going to be. Heaven knows, we won't even be able to hire the people between now and the time when we could have that vote taken in March, after everyone had been heard and with a much greater chance that we will have developed a consensus by that time that will allow for this legislation to be passed in the manner that it should be passed, and so we have the guillotine.

I want to just share a couple of quotes. We have pages and pages of these, and it's almost nauseating to read them. But we have the government House leader, and he said, "Each of the time allocation motions which close off or choke off debate in this House seems to be more drastic as it comes forward ... more sinister as it relates to the privileges of members of this House and as it relates to healthy, democratic debate for the people of this province." That was December 16, 1977.

Then on the same day he says, "The opposition role is to help to slow the government down, and I think ultimately better legislation for all the people of this province emerges when the government is forced to take a little longer to pass that legislation." Well, they're singing quite a different tune today about how that delay is going to be the worst thing on earth and that the world is going to come to an end if we don't jam and ram this through on a couple of hours' notice.

Then we have again Mr. Bradley, the member for St. Catharines, on December 10, 2002: "I find it most unfortunate as well that this bill will be rammed through with what we call a time allocation motion or what is known as closing off debate. If nobody cares about this, governments will continue to do it. No matter what those governments are, they will continue to do it. It's not healthy for the democratic system. It relegates individual members of the Legislature to the status of robots, and that's most unfortunate."

What really pains me is that the people who are most being relegated to being robots are the people on the Liberal side of the House. I predict with certainty that there won't be one who will have the guts to get up in this House and say, "This is wrong," that we should be hearing from these people who want to be heard, that this is a fundamental, foundation piece of legislation that this Legislature is considering, that these people have every bit as much right to be heard as the people who spoke in favour, whom they did allow to be heard last week. They will do what they're told. They will do what they're ordered to do.

They showed a rare glimmer of independence in voting for the additional hearings, but then the hammer came down on them and said, "How dare you vote with the Progressive Conservative Party and the New Democratic Party for more hearings and to actually have people be heard? We've got to shut her down -- shut her down. We don't want to hear from those people. We know what's best. We're the McGuinty Liberal government. We don't care that our word is on the record saying that we'll listen to people, that we'll take however long it takes. Our word means nothing. You Liberals here in caucus should all know that. We're closing it down."

That, of course, brings us finally to the honourable Dalton McGuinty, now Premier of Ontario, who said on December 19, 2000, "For a government that promised to be open, this closure action is the height of arrogance, the height of exactly everything you campaigned against and you said you were for." Well, guess what? I will stand here in this House today and say to the Liberal Party, Premier Dalton McGuinty and the Attorney General: This is the height of arrogance. It is the height of exactly everything you campaigned against and said you were for. It is a total disgrace.

1910

I want to just finish with two last points, and I think it's worth reading into the record -- my friend from Niagara Centre, or maybe his leader, today read into the record a couple of passages from Barbara Hall's letter. This is Barbara Hall, my friend and my classmate from law school, whom I commended on her appointment to the Ontario Human Rights Commission and who was appointed by this government to that post. She said earlier this week that she was generally content with some of the amendments, or whatever she said. But she wrote a letter today which said this, and I want to just read a few quotes from it:

"[T]he commission has commented on the need for full consultation by the Ministry of the Attorney General." I think she's referring in this next sentence to what I talked about last spring. She says, "What should have been a broad, consensus-building exercise in the best traditions of promoting human rights was undertaken in a way which, instead, caused division within the communities concerned." Doesn't that say a lot, that the person charged with the responsibility of administering this act and protecting human rights in this province, the chief human rights commissioner, says that the way in which the government has handled this is causing divisions within the communities concerned?

She goes on to say "that the committee's hearings," it had been hoped, "would lead to further progress with more common ground being found." That's what we're trying to find too -- to listen to people to see if we can find more common ground. She goes on to say, "In particular, there is a need to fine-tune the Attorney General's proposed amendments and to allay fears within the community by making clear the transition from the old system to the new. By bringing an abrupt halt to the proceedings," Ms. Hall goes on to say, "that opportunity is lost; I fear the existing divisions will become more polarized and bitter."

What a great legacy this will be for you, Attorney General, I say through you, Mr. Speaker, to have the existing divisions "become more polarized and bitter;" to have the most vulnerable people in our society, whom you claim to be protecting better through this piece of legislation, in fact saying that you had no time to listen to them.
We have nothing but time here. If we had to sit extra time to hear these people, we have said we will sit in the winter months. You have said, "No. Shut it down. We know best. We don't need to listen to these people. We don't need to hear those most vulnerable people. We don't care that the chief human rights commissioner of the province of Ontario says this is going to lead to bitterness and division in this province," because you're choosing to do this the way that you're doing it.

She concludes the letter by saying this: "On behalf of the commission, I urge you to withdraw the motion for closure. This should be a time to encourage discussion, for consultation and for healing of divisions. All sides share the goal of a stronger, more effective human rights system for Ontarians and care passionately about human rights. It is crucial in this context to seek common ground, for the sake of the people we both serve. Please" -- the letter concludes -- "let their voices be heard."

Well, I can tell you, speaking on behalf of our party, and I know it's true of the New Democrats -- they will speak for themselves -- that we too "share the goal of a stronger, more effective human rights system." We too reject the fact that there should be a backlog that lasts for a year and a half, or whatever period of time it is. Changes need to be made.

We are saying, though: Listen to the people who want to be heard. We have people demonstrating their interest and their engagement. Listen to the people who want to be heard and give them a chance to come here and say what they have to say. Maybe they might actually have a valuable contribution to make; in fact, I am certain that they will.

I want to conclude with a little bit more history from the very same day on which -- if I could find it here -- the new human rights legislation was introduced. In this case, it's a little while later; I guess it's actually the end of the second reading debate, February 22, 1962.

It's very interesting. History always teaches you a lot of lessons about a lot of things, but in this case it shows how it could be done, because the bill I referred to earlier and the reference I made to the speech introducing the Ontario human rights code or whatever they called it -- the Ontario Code of Human Rights -- then was followed by some very interesting speeches by Mr. Bryden, who was a long-time member of the New Democratic Party. He taught me political science at the University of Toronto -- a wonderful man, a totally engaging man. He got up and spoke about the bill and said -- you know what he said in his speech? It's interesting. He said, "In introducing the bill, the minister said that he wasn't really changing any principles involved in the bill, but I think he shortchanged himself." He went on to indicate that there were some important principles in a positive sense that had been brought forward by this new bill introduced by the then Progressive Conservative government. This is the critic for the NDP saying this.

Mr. Robarts made the concluding speech on the second reading debate. He was the Premier at the time. He said, "If you go back to the beginning of this type of legislation and the human rights legislation that has been introduced here, I think you will find that over the years, there really has never been a sharp difference of opinion on the underlying principles between the various groups in the House."

He goes on later to conclude, in talking about the very same thing, "I think the hon. Leader of the Opposition (Mr. Wintermeyer), the hon. member for Woodbine (Mr. Bryden), and I all realize that this bill is an important step in what we are trying to achieve. The codification of the act will promote understanding and acceptance of the principles involved in them. What we are really attempting to do is to place education and legal sanctions together...." He then goes on to conclude his speech. What a sad commentary it is that that can be the way they managed to do it in 1962.

In fact, I remember, because I was here, and frankly there was more controversy within our own party --
Mr. Peter Kormos (Niagara Centre): In 1962?

Mr. Tory: In 1982 -- when Bob Elgie introduced the changes to the Human Rights Code at that time that took huge steps forward in a number of areas of discrimination that became prohibited areas of discrimination, and probably there was more dispute inside our own party -- I'm being honest about this -- about the wisdom of those things, but ultimately they passed, obviously with the support of the government and with the support of the other parties, because that's how we recognized at that time that you do these things: that you hear people and that you work together as parties to build a consensus so that we can say to the people proudly, "We have moved forward and reformed and improved the human rights legislation of this province, and we've done it through consensus building and by listening to people and getting better ideas as to how we could do things better."

On pieces of legislation like this, the fact of the matter is, there is no division between the three parties about what it is we're trying to achieve. But there are different ideas sometimes as how best one can achieve it, and there are certainly going to be some different opinions about that among members of the public, while they don't differ on the principle involved.

So I say to the government, I made an offer today -- and I will conclude on this last note -- and for the life of me, I don't understand what's wrong with it. I don't understand what's wrong with it, and the minister didn't answer today and the Premier didn't answer. I said that when we come back in the spring, if they agree to have the hearings that they had agreed to have and that their members had voted to have, and that they placed ads in the paper to have and so forth, that the minister gave his word that we would have -- the Attorney General's word was given on this -- if they agree to have those hearings, speaking for our party, we will agree to have this matter brought to a vote. And everything that the government talked about being so important today will happen on the first couple of days back, whatever works for the government House leader.

But to me, to adopt the approach that they're adopting now, to bring down the hammer, to jam and ram this through, to completely give the back of the hand to all of these groups of people and all these individuals who want to be heard, I think is a disgrace. It is inconsistent with why we're here, it is inconsistent with how this has been handled in the past in this Legislature when major reforms have been brought about, and I think the government is letting themselves down. I think they are letting the people of Ontario down. I think they are letting down the people who care very much about the human rights legislation. That is why I wanted to speak tonight against this time allocation motion, because I think as a matter of process, as a matter of principle, it is a grave mistake that we will pay for, as said by no one less than, no one other than, the chief human rights commissioner. It will create the kind of bitterness and division she talked about, and we will rue the day that we did it this way.
Mr. Kormos: New Democrats oppose this time allocation motion. We're going to be voting against it. I think it's important that we review some of the history of Bill 107 before the justice committee. I do want to indicate that it was not only a pleasure but a very useful experience to have had Ms. Elliott and Mr. Runciman as Conservative representatives on that committee. I know that they will find some of my recollection of the history of the bill before the committee familiar because, of course, they were involved very actively in subcommittee meetings and in negotiations around ensuring that this bill even got to committee.

Let's understand what the government's obsession was with. It was with Bill 14, the paralegal bill. Let's understand that the government had made a decision to displace Bill 107. It had. Mr. Bryant made a choice. Opposition parties -- the Conservatives and the New Democrats -- agreed, notwithstanding, again, the tremendous concern around Bill 14 -- don't think this is the only contentious bill that bears the fingerprints of one Michael Bryant -- around which there has been no resolution of the tremendous conflict.

1920

I recall very, very clearly sitting in subcommittee as well as the House leader's office and talking about the fact that opposition parties worked as much as we had to after the Labour Day holiday to get committee hearings done on Bill 14, to accommodate the people who wanted to speak to Bill 14, and to make our best effort to get it reported back to the House by the time the House began sitting. I also remember some of the inevitable delays, not caused by opposition members but by the incompetence of government members, by government amendments that had to be read into the record that were pages and pages and pages long. The whining and the whinging that took place was incredible. In fact, opposition members, the Conservatives and myself as the New Democratic representative, assisted as best we could and as best the rules allowed to get Bill 14 back to the House for third reading. Were we happy with the result? No, we weren't. But do we understand the process?

Yes, we do.

Throughout the very beginning of the summer, the latter part of the spring, there was, of course, discussion around Bill 107. Opposition caucuses -- Ms. Elliott, myself, Mr. Runciman -- told the government that there was undoubtedly going to be a lengthy list of persons who wanted to be heard with respect to Bill 107 and that we were prepared to begin hearing them when the committee was freed from its responsibilities around Bill 14. The government bizarrely, peculiarly, strangely, with no seeming rationale, insisted that at the beginning of August, we travel to three cities: London, Thunder Bay and Ottawa. I remember opposition members agreeing to sit extended hours in those cities where there was tremendous demand. The opposition members offered to sit extended hours to accommodate the folks in those cities. It was Ottawa, as I recall, that had the lengthiest hearings, although somebody could correct me.

I remember that it was government members who were whining about the travel arrangements. A plane had been chartered. There were actually government members who got to Thunder Bay on the charter plane who wanted to hire commercial flights to come back to Toronto rather than come back on the charter because it was too uncomfortable. I recall suggesting to them that that wouldn't be the most astute thing to do, because I would undoubtedly expect to read about it in a Toronto tabloid the next day. Do you understand what I'm saying? A plane had been chartered, and that, in and of itself isn't unreasonable. It was an uncomfortable -- there were two little planes. It wasn't a very comfortable journey. Again, we were accommodating folks in these three cities. And there were government members -- dumb as bags of hammers, if you ask me -- who were going to buy tickets and then charge them back to the committee to travel home on a commercial flight from Thunder Bay to Toronto. Have I got the two cities right, Ms. Elliott? Yes.

That, in and of itself, is just a story. It's an accurate one. Ms. Elliott, am I wrong?

Mrs. Christine Elliott (Whitby-Ajax): No.

Mr. Kormos: Ms. Elliott replies. Well, let's not have any rewriting of history here. Stalin died over 50 years ago. We shouldn't be rewriting history here at Queen's Park.

We then had House leaders' meetings and discussions -- Mr. Wrye will recall that; he's sitting there behind the Speaker's chair -- indicating that we expected Bill 107 to be lengthy. We also expressed -- we, the opposition members, told the government members, "Are you guys nuts? You're advertising for three days in the beginning of August, and you've got to advertise extensively because you're appealing or addressing an ethnic community, amongst other things, but then you're going to have advertise all over again."

You see, none of this happened without the government's approval, because the government has the majority of members on the committee. The committee has to approve the subcommittee recommendations. When we were cleared of Bill 14, I remember the subcommittee meetings, and I remember that it was opposition members who suggested to the government, "Let's get moving on this. We've got to get some ads out. We've got to get the legislative broadcast advertising, which doesn't cost anything to do. And let's get going. We've got a list already. Let's not wait for the ads to go out; let's start hearing submissions," and indeed we did start hearing submissions last week, November 15 and November 16. It was opposition members who suggested that the committee sit to 12:30 rather than the usual hour of 12. Ms. Elliott, is that correct?

Interjection.

Mr. Kormos: We also indicated, opposition members Ms. Elliott and myself -- I remember asking Ms. Elliott, "Is it okay?" I know she's got kids. She has three sons who are teenagers now, and she's a very dedicated mother.

Mr. David Zimmer (Willowdale): I'm coming back.

Mr. Kormos: "I'm coming back," Mr. Zimmer says. I'm sure you are, Mr. Zimmer.

I remember us suggesting to the government, "Let's start our committee hearings -- to start dealing with this, four days a week -- a week after New Year's Day." I remember the Chair of the committee -- do you remember that, Ms. Elliott? Because if you want to tell what happened, let's tell everything that happened.

Mr. Rosario Marchese (Trinity-Spadina): Do we really need to know?

Mr. Kormos: Oh, I think you'll be fascinated. See, the Chair of the committee, one Mr. Dhillon, says, "January is kind of difficult for me." I said, "Why, Chair, how could that be? Why would January be difficult for you? You're being paid as Chair; surely you can chair the committee." He said, "I'm supposed to go to India with the Premier." The Premier is taking a junket to India in January. I said, "Well, Mr. Dhillon" -- and I'm sure he is; he's of South Asian background, ethnicity. I said, "That's okay. You don't have to go. Mr. Kular can go." Mr. Kular is familiar with the region. He said, "Mr. Kular is going." I went, "Oh." I said, "Tell you what; maybe Shafiq Qaadri can go." Mr. Dhillon said, "But Shafiq Qaadri is going too." And I said, "This is no longer a mini-junket; this is a full-blown, full-fledged junket entourage." Full-blown, full-flight, junket entourage; taxpayer-funded tours of India. I said, "Mr. Dhillon, surely your responsibilities as Chair of the committee are superior to your interest in going on a junket" --

Mr. Marchese: Transcend.

1930

Mr. Kormos: -- as Mr. Marchese says, "your responsibilities as a Chair transcend your desire to go on a taxpayer-funded junket to India." Well, somehow, somewhere -- and don't tell anybody about the junket, okay? Don't spill the beans. If we can keep it in the room, the third floor won't pick it up; the Sun and those people won't pick up on it. Look, I promise not to tell anybody if you promise not to tell anybody, okay? Speaker, are you in? Shh. Nothing about the junket that would interfere with Mr. Dhillon's ability to -- you see, the point I'm trying to make is that Ms. Elliott, with three teenaged boys, was prepared to say, "Notwithstanding that it's the so-called winter break, I'm prepared to spend it here at Queen's Park -- four days a week, eight or nine hours a day -- listening to submissions."

That's the way it happened. We made that agreement in the House leader's office. The government member of the committee agreed to it in the subcommittee, didn't he, Ms. Elliott? Why, as recently as last week, the Attorney General was telling you in this House -- and I believe the Attorney General because he's no Charlie Harnick. Mr. Hoy understands what I'm saying. The Attorney General said, "Well, we'll keep on meeting and hearing these people and their concerns." Did you believe him then, Ms. Elliott?

Mrs. Elliott: I certainly did.

Mr. Kormos: She replies. You know what? So did I. I believed the Attorney General. I was amazed, shocked and awed to learn -- don't go away, Mr. Berardinetti; we're going to be talking about you too in just a few minutes. I don't want to do it in your absence.

Mr. Marchese: Are you a member of the committee?

Mr. Kormos: Mr. Marchese says, "Is he a member of the committee?" Yes, that's the whole point. Remember last Wednesday? You wouldn't know that he was a member of the committee, would you, Ms. Elliott?
Just who's playing games here? Because