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092 Hansard

Whitehorse, Yukon

Thursday, April 24, 20081:00 p.m.

Speaker:   I will now call the House to order. At this time we will proceed with prayers.

Prayers

DAILY ROUTINE

Speaker:   We will proceed at this time with the Order Paper.

Are there any tributes?

TRIBUTES

In recognition of Law Day

Hon. Ms. Horne:    Thank you, Mr. Speaker.

I rise today on behalf of this House to pay tribute to Law Day. Law Day is an annual event organized by the Yukon chapter of the Canadian Bar Association. It is in recognition of the proclamation of the Canadian Charter of Rights and Freedoms 25 years ago. This year, Law Day is being celebrated on April 25.

The Canadian Bar Association is strongly committed to protecting the independence of the judiciary and upholding the rule of law, each of which is fundamental to a free and democratic society. This annual event reminds Canadians that we are privileged; we are free to hold convictions about the value of the independence of the judiciary and of lawyers without fear of recriminations, detention or death.

The Canadian Bar Association is celebrating Law Day by assisting Vanier Catholic Secondary School with their upcoming mock trials.

On April 17, 2008, CBA members also did an information session at Porter Creek Secondary School about the rule of law. I would encourage everyone in this House to participate in the 18th annual Law Day fun run and walk organized by the Yukon chapter of the Canadian Bar Association.

The fun run will start at 12:00 at the Law Centre on Friday, April 25. The proceeds of the fun run will be equally shared between the Elizabeth Fry Society and the John Howard Society.

I would like to close by congratulating the volunteers who make Law Day a success.

Günilschish. Merci. Thank you.

Mr. Inverarity:   I also rise today on behalf of the Official Opposition to pay tribute to Law Day. Law Day 2008 celebrates the 26th anniversary of the signing of the Canadian Charter of Rights and Freedoms. This charter is founded on the rule of law and the bill of rights entrenched in our Constitution, giving Canadians guaranteed democratic rights and fundamental freedoms that we believe are necessary in a free and democratic society.

2008 is the 18th annual Canadian Bar Association Law Day charity run and walk. This local event is dedicated to improving public understanding of the law and the legal system.

The Yukon chapter of the Canadian Bar Association has chosen the Yukon branches of the Elizabeth Fry Society and the John Howard Society as recipients of this year’s funds that they are going to be raising.

The Law Day committee chose these worthwhile organizations for their involvement in the justice system. Both societies address issues of great importance to our democratic society and are reflected in our Canadian Charter of Rights and Freedoms.

I would also like to congratulate all members of the bar in the Yukon and those volunteers and individuals and organizations who work throughout the year to organize and celebrate Law Day in the Yukon.

I would also like to thank the public and private sector sponsors who support Law Day activities. The 6.4 kilometre charity fun run/walk departs, as indicated earlier by my colleague across the floor, at noon from the law courts.

We wish all organizations and participants a successful charity run.

Mr. Cardiff:   I rise on behalf of the NDP caucus to pay tribute to National Law Day. This day was established by the Canadian Bar Association to help educate the public on the importance of law. The legal profession in Canada is governed by the laws, rules and regulations of the law society of which a lawyer is a member.

There are 14 law societies in Canada. The main responsibilities of the law societies include admissions to practise as lawyers within their society, setting professional standards for the legal profession and the discipline of their members.

Each lawyer is bound to comply with the society’s code of conduct, which sets out what constitutes ethical and unethical conduct. As well as the usual services, the Yukon Law Society has a lawyer referral service and administers grants set up through the Law Foundation. These structures are all in the Legal Profession Act.

We sometimes take it for granted, but perhaps the most important law in Canada is our Charter of Rights and Freedoms. Law Day commemorates the establishment of our Charter as the first part of our Constitution.

On April 17, 1982, the Charter was established. Its effect and application is far-reaching. The Charter outlines the fundamental freedoms we enjoy: freedom of conscience and religion; freedom of expression; freedom of peaceful assembly; and freedom of association.

When we hear of human rights violations in other parts of the world, as we have just recently with the intolerable situations in Tibet and Darfur, it should remind us these rights are not easily attained. We must guard them and always be aware they can be taken away.

We should also do everything we can to help other countries obtain these rights. It is especially important in this time of fear and terrorist activity that we remind ourselves of the legal rights written into our Charter. Some countries are influencing us to ignore the rights of habeas corpus: the right to be presumed innocent and the right of trial.

At this moment, there are Canadians who are detained by other countries and who are not granted these rights. We can only speak loudly and clearly that this is not acceptable.

This Law Day, we display our respect for the rule of law and express gratitude for those wise and persistent human rights advocates who have given us our Charter.

Thank you, Mr. Speaker.

In recognition of National Organ and Tissue Donor Awareness Week

Hon. Mr. Cathers:   I rise today on behalf of the Assembly to recognize the week of April 20 to 27 as National Organ and Tissue Donor Awareness Week and to encourage members, if they have not already done so, to fill in a donor card.

More than 4,000 Canadians are waiting for an organ transplant that will save their lives. Last year only 1,803 transplants were performed across the country and, while many Canadians still remain on waiting lists, 195 Canadians died last year while waiting for an organ or tissue transplant. That number has almost doubled since the year 2000.

In 2001, 420 individuals made donations, often of more than one organ or tissue. That means that in Canada there are approximately 13.5 donors per million. I am pleased to note that more than 4,000 Yukoners have signed their organ and tissue donor card and returned it to the territory’s donor registry program. That means that 13 percent of the Yukon population has taken the step to become donors. In Canada we have some of the best transplant technology in the world, some of the most highly skilled surgeons, some of the most prestigious and qualified transplant hospitals, but there are never enough organs available to save enough lives.

Too few Canadians decide to become potential organ and tissue donors and too few talk about that decision with their families. The facts are simple: organ and tissue donation saves lives. One organ and tissue donor can assist up to 80 other individuals, and people can donate no matter how old they are. The average age of donors has increased steadily, and in 2000 deceased organ donors ranged in age from one year to 84 years with an average age of 39 years old.

Another fact is that there is a greater chance of you requiring a transplant than of becoming a donor. Our family, our friends and we may be in need one day. A sudden virus could affect the heart, and liver disease could strike. Becoming a donor could save a life just as other donors could save yours.

Admittedly, being a donor isn’t for everyone, but we should encourage all Yukoners who have not done so to think long and hard about their donor decision. If they decide to become a donor they need to share that decision with family and friends to make it easier for them if the time comes.

I encourage all Yukoners, the people in this House and beyond to consider seriously becoming organ donors and possibly giving the gift of life.

Thank you, Mr. Speaker.

Speaker:   Are there further tributes?

Introduction of visitors.

Returns or documents for tabling.

Reports of committees.

Petitions.

Are there any bills to be introduced?

Are there any notices of motion?

NOTICES OF MOTION

Mr. Edzerza:   Mr. Speaker, I give notice of the following motion:

THAT this House urges the Yukon government, under the authority of the pesticides regulations of the Environment Act, to immediately ban any pesticides suspected of or known to be a risk to the health of humans and animals.

Mr. Cardiff:   Mr. Speaker, I give notice of the following motion:

THAT this House urges the Minister of Environment to fulfill his responsibilities under section 48(1) of the Environment Act, which states “The Minister shall prepare and submit to the Legislative Assembly a Yukon State of the Environment Report within three years of the date this section comes into force and thereafter within three years of the date of the previous report.”

Speaker:   Are there any further notices of motion?

Statements by ministers.

This then brings us to Question Period.

QUESTION PERIOD

Question re:     Elk, winter tick infestation

Mr. Elias:   I have some questions for the Minister of Environment. Biologists in the minister’s department have confirmed that Yukon elk are infested with winter ticks. This is very bad news, if you are an elk. More seriously, it is also very bad news for Yukon’s moose and caribou populations. In fact, it can be fatal.

This winter the attempt was made to treat the elk in the Takhini and Braeburn areas with an anti-tick medication. The anti-tick mediation was mixed with corn and distributed at feeding stations where elk congregate and were penned in an enclosed area.

Can the minister confirm that his plan to ensure that the infestation will not affect other Yukon wildlife, and in particular moose and caribou, has not worked, and that the elk did not consume the medicated corn?

Hon. Mr. Fentie:   This issue is very much of a concern, because it is a parasite, or in this case the tick that we would define as a “migrating species”. It’s something that was discovered recently. I know the department biologists have been working diligently since it was discovered that the elk here in the immediate vicinity were infested with ticks. They have come up with a plan, and they have proceeded to address the issue. I know they are doing everything they possibly can to ensure that there is no further spread beyond the elk population to other wildlife.

Mr. Elias:   It seems the minister’s interim measure to reduce the risk of ticks spreading from elk to other native wildlife has not worked. The minister has received letters on this issue from many concerned Yukoners, First Nations and renewable resource councils. They have expressed concerns about the threat the winter tick poses to our moose and caribou populations and their hunting rights.

Moose and caribou are also important to our tourism and outfitting industries, not to mention an important food source. Yukoners have also requested the minister dedicate both the human and financial resources needed to solve this problem.

Has the minister complied with the requests that he has received, and can he tell the House what additional resources and direction have been allocated to head off this potential ecological disaster?

Hon. Mr. Fentie:   As the member has stated, we share that concern with all Yukoners and that’s why the department acted so quickly on the matter. That’s why we are dedicating fiscal and human resources to the issue.

It’s impossible to state what that might cost overall. The job at hand is to deal with the tick infestation and do everything possible to ensure it does not spread to other wildlife; that’s exactly what our professionals in the Department of Environment are doing as we speak.

Mr. Elias:   Mr. Speaker, the minister has not answered the question of whether or not his plan is working. I would suggest the minister become an expert on this matter ASAP because he had better avoid an ecological disaster here.

From mid-May to early July, cow elk go often to secluded woodlands to have their young. There are a number of non-medicated Takhini elk that are penned up right now — about 120 of them or 80 percent of the herd. We have approximately 120 tick-infested elk that are penned up; they did not consume the medicated corn, and the elk are ready to calve.

The government should be doing everything it can to ensure the health and well-being of these animals. Yukoners would like to know what the minister is aiming to do here. The minister’s plan is obviously not working and he does not have control over this situation.

What are the next steps and how are we going to stop this problem from getting worse?

Hon. Mr. Fentie:  I thank the member opposite for his comments. Obviously, the member has become an expert in the field; however, the government side will allow our biologists and others who have the credentials to deal with this particular issue to do their work. We will inform all in the territory — because we are all concerned about this matter — when we know exactly what the outcome of our plan and program to date has achieved.

What we are going to do is ensure to the extent possible that we deal with the infestation, and do everything we can — and that’s happening now — to ensure there is no spread of the tick beyond the elk population. It’s a very serious challenge and I am very confident that the professionals in our department — though I would defer to the professionals across the floor, should they provide the evidence — I am very confident that the professionals in our department are doing the job as they have been charged to do.

Question re: Net metering bill

Mr. McRobb:   My question is for the Energy minister, and it would be appreciated if he would respond, as he’s the minister responsible for energy within the Yukon government — not the Minister of Education or the Yukon Housing Corporation minister, who both responded yesterday and who both failed to address the questions asked. Let’s give him another opportunity to explain his position of stalling the introduction of net metering and providing smart meters to Yukoners to help them better manage their energy consumption.

During this three-hours-plus filibuster on the net metering bill, he made it quite clear that he’s opposed to these progressive measures here in our territory. Why does he insist on denying such a progressive initiative to Yukoners?

Hon. Mr. Lang:    I recommend that the member opposite read the energy strategy that we just put out in draft form. It’s out for consultation, so he can take part in that consultation. He will find out where we’re going with net metering and other proposals the territory is looking at.

That is out right now for consultation in all our communities. There’s a workplan, and after those consultations are done, a final draft will be put together.

I do recommend the member opposite participate and read the draft, because it would answer some of the questions he asked today.

Mr. McRobb:   That’s not accountability, Mr. Speaker. Passage of the net metering bill would be a progressive step forward for people in our territory. It would advance green power, energy conservation and provide consumers with greater control of how their power is produced and consumed.

Its use is widespread across the United States and in several Canadian provinces, but not in the Yukon, because our Energy minister believes that Manitoba has abandoned the program. He stated that several times during his three-hour-plus filibuster.

Our Energy minister is in the dark once again. Manitoba introduced a new high-tech net metering program about two years ago. The minister’s position is outdated and irrelevant. Why does the Energy minister insist on using arguments from yesteryear in his continuing filibuster on the net metering bill?

Hon. Mr. Lang:    Mr. Speaker, the only thing I’m going to insist on as the minister is that he read the draft. He should do the hard work as MLA for the Kluane area — read the energy draft — and he would see that net metering is just one of the many options out there that this government is looking at.

Mr. McRobb:   There is a bill on the floor of this Assembly and it is that minister who filibustered it. This is the same Energy minister who believes in rate-shocking electrical consumers into conservation instead of first providing them with practical conservation programs as is done in other jurisdictions.

Let’s examine the facts: he has hiked power bills 30 percent; he hasn’t provided energy conservation programs to help electrical consumers; he is in the dark about net metering. It is time for him to turn on the lights and see what is in front of him — like our bill that is on the Order Paper.

For the record, will the minister tell us now whether he’ll support the net metering bill when we bring it forward on the next private members’ day, or will he just continue this silly filibuster?

Hon. Mr. Lang:    I’m appalled at the member opposite. The hard work we do in this House — and he would minimize it by saying that because he didn’t like the response, we were filibustering.

Mr. Speaker, I highly recommend that he read this draft policy that is out for public consultation at the moment. It has his pet project of net metering in it. It is one of the many things that this government is looking at to put the final draft out. It is going to take some reading and it is going to take some work, and I hope the member opposite does that so he can be brought up to the mark when it comes to the energy plans this government has to move forward into the future.

Question re: Highway signage

Mr. Cardiff:   I have a question for the Minister of Highways and Public Works. It has been almost a year since the minister was asked about the disappearance of road advisory signs on Yukon highways. I’m referring to the yellow signs that indicate road characteristics such as curves or upcoming intersections.

The minister’s answer last year — and I’m sure we’ll hear the same thing again today — was that it was just part of bringing the Yukon in line with the National Safety Code.

My question for the minister is this: has there been any consultation with Yukon people or with visitors travelling throughout the territory about how they feel about these helpful signs being removed?

Hon. Mr. Lang:    It’s the National Safety Code that we’re following. The national highway code is a code across Canada, and that is what we work within in the territory now, because of the obligations of being part and parcel of that system — the national highway system.

Mr. Cardiff:   It’s good the minister corrected his answer from last year.

It’s all well and good for the minister to boast about how Yukon roads are being upgraded to National Safety Code standards, or national highway code standards, but the reality is that many of our roads have a lot of hills, a lot of unexpected curves and T-intersections, not to mention side hills and thick vegetation that can obscure lines of sight.

That may not be much of a problem for people who drive the same stretch of road day after day, but it can certainly create anxiety for drivers who are unfamiliar with local conditions.

Yesterday I had a call from a constituent who had just driven to Carmacks and back, and was quite surprised to see these signs had been removed. One of his concerns was the lack of public notice that drivers are basically on their own to figure out what’s happening on the road ahead.

In the interests of public safety, why hasn’t there been a public education campaign about this major change in how Yukon roads are marked?

Hon. Mr. Lang:    In response to the member opposite, we certainly work with our constituency on issues. The national highway code is what the Klondike and the Dempster highways are now under. It is up to us as a responsible government to make sure we address the issues like the member opposite is speaking about — cleaning up ditches, doing things and upgrading our roads, like we are doing on the Campbell Highway.

So those are the kinds of things that we have to internally manage and work within the national highway code to make sure that we meet and match all the obligations we signed on to when we signed on to the national highway code.

Mr. Cardiff:   Well, you wouldn’t want to go over and above it either. We know how costly it is to maintain signs and signposts and maybe some of that money could be spent on education. When we are talking about public safety and people’s lives, surely it is better to err on the side of over-caution rather than the opposite.

Now, the same constituent also reported a condition that he considered quite unsafe regarding a patching crew travelling northbound on the Klondike Highway. The crew was moving very slowly along the edge of the highway, presumably because they were starting and stopping to fill potholes. The constituent’s concerns — and it is a concern that I also have and that I’ve raised before — is that the vehicle did not have its amber caution lights flashing.

The annual migration from Outside has already started and some of the trailer parks are already full. I would like to know: what is the minister doing to ensure that both the travelling public and the Highways employees are not being exposed to unnecessary or unmarked hazards while road repair work is being done?

Hon. Mr. Lang:    In addressing the member opposite, that is an operational question, and I would say that I will talk to the department. I expect them to follow all the rules and regulations from a safety point of view and that none of this would cause harm to either the workforce or the travelling public. That is an obligation we have as government, and if in fact there are questions about that, I will bring it up to the powers that be and make sure that is not the case.

Question re: All-terrain vehicle safety legislation

Mr. Cardiff:   The Yukon’s chief medical officer recently raised some serious concerns about the incidence of traumatic injuries, many causing death, particularly among our youth. From 1996 to 1999, 26 percent of male deaths by major causes were caused by traumatic injuries. In Canada, the north has many persistent health problems, including death by injury.

Does this government have any plans or initiatives to reduce the incidence of traumatic injury and injury-related death in the territory?

Hon. Mr. Cathers:   I thank the member for bringing this concern forward. The Yukon’s medical officer of health, along with an individual whose name I can’t recall — and I apologize to him for that — who came up from the SMARTRISK group have been working to increase the public awareness and education around the importance of individuals taking these steps themselves. Ultimately, with all activities, each and every one of us bear personal responsibility for making smart decisions, for wearing proper safety equipment and for not engaging in unsafe activities, such as — well, I would list a number of examples, but to not engage in unsafe activities, no matter what pursuit they’re in.

We do fund the chief medical officer of health and, through the Workers’ Compensation Health and Safety Board and its fund and initiatives, the board has been working on safety in the workplace. We’re certainly open to consideration. If the member has further suggestions of what we might do, we’re open to hearing his suggestions.

Mr. Cardiff:   The City of Whitehorse has a bylaw that makes wearing a helmet mandatory when you ride a bicycle. The chief medical officer is also an emergency room physician, and he recently said a lot of concussed bicyclists come in with cracked helmets, and you can see that it saved their lives.

There is no requirement for people riding all-terrain vehicles or ATVs to wear helmets. This is ridiculous. You have to wear a helmet to ride a motorcycle. ATVs are more powerful than bicycles; they are driven faster, and on more dangerous terrain.

From June 2004 to May 2006, 99 people were treated for injuries involving ATVs. Of those who were definitely not wearing helmets, one died, one had a broken neck and three had scalp or facial injuries.

Will the government look into making helmet use mandatory for ATV riders?

Hon. Mr. Cathers:   I appreciate the member’s concern. One thing I would point out to him is to remind him of the fact that with ATVs and snow machines and other recreational vehicles, the vast majority of users are doing so outside of an area that has police patrols. Simply making a law would not prevent someone from choosing not to wear a helmet. I can tell him, as he ought to be aware, there are a lot of Yukoners, particularly in rural Yukon, who if told that they must wear a helmet would not choose to do so.

It has been put in, I would remind the member, through the new occupational health and safety regulations that wearing a helmet is now required in workplaces by those riding an ATV or snow machine or other such vehicle in the pursuit of their employment. That is a new requirement that has been put in place and is an obligation upon the employer to ensure that equipment is available.

I would again note to the Member for Mount Lorne that I think the most effective strategy is exactly what is being pursued, providing people with the information on the number of injuries that can occur and reminding them that it is up to each and every one of us to take that personal responsibility to wear the appropriate safety equipment.

Mr. Cardiff:   The fact that there is no enforcement everywhere doesn’t mean that you shouldn’t have a law. If that were the case, we wouldn’t have a lot of the laws we have. It sounds like this minister and this government continue to remain unsafe at any speed.

The president of the Klondike Snowmobile Association recently stated that injuries related to ATV and snowmobile use continue to rise. There have been significant injuries and injuries leading to death in recent years. The most vulnerable sector of the population is the youth, and we have all seen it. We’ve seen young children bombing along the highways and in the ditches, driving as fast as the vehicles are on the highway — I’ve seen it myself.

It’s time we did something to address ATV usage in the territory and in the interest of preventing needless personal tragedies of which there are too many to mention, as far as I’m concerned.

Will the government agree to start right away to develop legislation and regulations around the use of all-terrain vehicles or ATVs in the territory with the primary objective of increasing public safety, reducing injury and death, particularly among young people?

Hon. Mr. Cathers:   I would make the Member for Mount Lorne aware that there are rules pertaining to when ATVs are on a highway. These safety rules must be followed regarding vehicles that can and cannot be on a highway surface.

Again, I have to remind the member opposite — I appreciate the Member for Mount Lorne’s concern — but particularly in the Yukon, with the level of individual spirit and individual thinking that occurs among Yukon citizens, that for us to think that simply passing a law would be the most effective solution would be foolhardy on the part of the Legislative Assembly.

 The most appropriate and effective action is to have Yukoners assume that personal responsibility. Each and every one of us must assume responsibility for our own safety and, through making people aware — through public education, as is being done — of the risk that is there, providing them the information they need to know about the level of risk. We put it into their hands to assume the personal responsibility for keeping themselves safe and keeping their children safe.

Good work is being done. Each and every one of us has that personal responsibility and should exercise it appropriately.

Question re: Availability of information

Mr. Mitchell:    Mr. Speaker, shortly after the former chair of the Hospital Corporation resigned, she described the approach of this Yukon Party government as “command and control”. At the time, she urged the government to drop what she called the command-and-control approach to governing. Unfortunately, nothing has changed since that time.

Let us look, for example, at how the government withholds information that is meant to be public. Just this week we asked for an air quality report from the hospital and the minister has still not released it. He wants to hold on to this report; it must remain a secret.

We also asked the government to release the report done on the Dawson City recreation centre. Again, the government has refused. Residents who attended a public meeting in Dawson were told, “No, you can’t have it.”

Why is this government so reluctant to release information to Yukoners?

Hon. Mr. Cathers:   Well, Mr. Speaker, that is the member’s opinion or at least he asserts it is his opinion.

Mr. Speaker, I would note with regard to the question the member asked about the hospital, he asked a question about an air quality report that is within the jurisdiction of a government corporation. They manage their affairs with the board and the CEO responsible for managing those affairs and the government does not micromanage that — we have a reporting relationship. It includes that if issues come up, such as this, the minister — being me — can request that information.

I have requested the information as per the member’s request and I can inform him that B.G.E. Service & Supply Ltd. out of Edmonton conducted air-quality testing in Whitehorse General Hospital in February 2006 in response to concerns raised by staff and the request to do so. A copy of the report was provided to the Workers’ Compensation Health and Safety Board, which would have directed corrective measures, had any been required. A four-star overall rating was provided by the contractor, which means that the hospital air quality is at or above the current guidelines. On the air cleanliness index, it rated an absolute score of 100 percent and a percentile score of 100 percent. So it was at the highest level and, Mr. Speaker, that is the fact and there it is for the Member for Copperbelt.

Mr. Mitchell:    If this report is so glowing, why not make it public, so people who are working at the hospital can see it for themselves? The command-and-control approach runs right through this government. Air quality reports at the hospital — trust us, but we’ll keep them a secret. The report on the Dawson recreation centre — let’s keep it a secret. The list goes on.

What about the state of the environment report? The government is required by law to make it public; however, the minister refuses to do so.

What about the education reform report? The government refused to make it public until it was forced to do so because someone leaked a copy to the media. They still refuse to release all the background papers that go with the report.

There is a pattern here of withholding information from the public. It has to stop.

When is the government going to drop this command-and-control approach to governing?

Hon. Mr. Rouble:    Mr. Speaker, the Leader of the Liberal Party has just brought forward the education reform project and has made some pretty significant accusations.

I should remind the member opposite that the executive received the final draft at the end of November, and then immediately following a motion from the Council of Yukon First Nations, we jointly — the Government of Yukon and the Council of Yukon First Nations — released the final report.

That was done at a public forum. There were copies given to the stakeholders involved in education. That was when it was released to government; that was when it was released to the Council of Yukon First Nations. It is the complete draft that the drafters intended; the only addition was the additional letter that was signed-off by me, by the chair of the Chiefs Committee on Education and the Chief of Liard First Nation.

Mr. Speaker, the information was collected, the information went through the appropriate process and the information was released to all Yukoners.

Mr. Mitchell:    Mr. Speaker, taxpayers pay for these reports to be produced on issues that affect them. They cover things like our environment, air quality at the hospital and education reform. The government in turn withholds these reports from the public — and they talk about open and accountable government.

Let’s look at another example. Each year at the end of March, by law, the Minister of Justice is required to make public the annual report of the workers’ advocate. A quick look at the department’s Web site shows the last report to be released was in 2004. We know the minister has received copies of the annual reports; she has simply refused to make them public.

These reports are supposed to be made public. It is required by law. Unfortunately, the minister has adopted the same attitude as the Premier: these are just benign legalities that can be ignored.

When will the public see these reports?

Hon. Mr. Cathers:   I can inform the member opposite that if he paid attention more closely he would note that some of the reports he is referring to, such as the workers’ advocate report, that he suggests have not been made public, have indeed been tabled in this Assembly.

If he reviewed the information that comes across his desk rather than relied on what is on the Web site, the member would cease making some of these accusations.

I would point out again that the member’s questions about the air quality report at the hospital — I provided the numbers earlier in debate. Again, the air cleanliness index rating is 100 percent — a four-star rating that indicates the hospital air is at or above the current guidelines.

This also reflects a building pollutants index of 100. Again, Mr. Speaker, it rated very well. That information was provided to the Workers’ Compensation Health and Safety Board, which would have directed action, if any was necessary. We are happy to make that report available, but those are the numbers from that for the member. There is no lack of providing information. There is simply a lack on the part of the Leader of the Official Opposition of picking up the reports and actually reading them.

Question re: Government attitude

Mr. Mitchell:    I have more questions about this government’s command-and-control approach to government. Members of the Official Opposition have dedicated many hours to researching issues, listening to Yukoners’ concerns and preparing bills that would be to the betterment of our Yukon community.

The Net Metering Act, which was brought forth by the Member for Kluane, is one such example, and the Apology Act sponsored by the Member for Porter Creek South is another. Both these bills were blocked by the government majority. Why? Because they were sponsored by Liberal members.

This approach to governing is not what Yukoners want and it’s not what they deserve. Will the Premier assure members that his government will be more receptive and open and less controlling in this House?

Hon. Mr. Fentie:   The first response I would have to that question is, has the member been present over the last two and a half weeks in this House to see Bill No. 104 go forward unanimously and our decision to proceed with a review of human rights? We made a very clear statement about the Apology Act, considering the legislative agenda before this House — the very important public’s business before us — yet to be dealt with.

I think the issue here is quite clear. By the way, for the Leader of the Official Opposition’s benefit, somebody has to be in command and control. It’s called “making decisions”.

Mr. Mitchell:    The recent debate in this House on the very important Child and Family Services Act is yet another example of this command-and-control approach to legislating. This government used its majority to refuse to hear First Nation voices. It refused to hear First Nation leaders on a bill that was of paramount importance to them. When Yukon’s Ombudsman and Privacy Commissioner expressed concerns, as she is legislated to do, they refused to permit her to appear as a witness and address her concerns.

This is a real C-and-C approach to governance — command and control. There is little reflection on the principles of democratic government here.

In the best interests of Yukoners, will the Premier commit to mending the ways of this government and allow for an open and democratic Legislative Assembly?

Hon. Mr. Fentie:   Mr. Speaker, I am not even going to bother refuting some of those statements in the preamble, because this issue of refusing to listen to First Nations and Yukoners on the Child and Family Services Act is absolute nonsense considering the five-year process.

Here is what the Premier will commit to do. The Premier will commit this government to continue to build a better quality of life for Yukoners. This Premier will continue to commit this government to a better education system, a better health care system, an ever-growing and diversified economy, and more protection and conservation of our environment. That is what this government will do and that is what this Premier will commit to do.

Mr. Mitchell:    You can see from the response of the Premier exactly what members on this side of the House put up with on a daily basis. He says “imagine tomorrow”; well, tomorrow is here today, Mr. Speaker.

Both opposition parties put forth very constructive amendments to the Child and Family Services Act, only to have every single one defeated by this command-and-control government.

They shut down private members’ day while we were debating the Apology Act, and yet just yesterday, these same members took almost the entire day to pat themselves on the back — so much for the important legislative agenda before us.

Yukoners were not impressed. “Command and control” should be replaced with “contemplate and consider”. The arrogance of this government was really on display yesterday.

Will the Premier undertake to make this Yukon Party government more responsible and democratic, or will he just continue with his command-and-control approach, which he told us he is very proud of?

Hon. Mr. Fentie:   Yes, this government is very proud of its accomplishments, and I can suggest to the member opposite that there is more to come.

The implications here about substantive amendments to the Child and Family Services Act: I want the member to refer to Hansard. These amendments were about replacing commas and periods and semi-colons; amendments to interchange words — not one substantive amendment came from the members opposite on the Child and Family Services Act. Hansard has it on record for all to see; it is the written word, duly documented. The members opposite failed in their duty to be responsible and accountable to Yukoners by actually contributing to dealing with children in care.

Speaker:   The time for Question Period has now elapsed. We will proceed to Orders of the Day.

ORDERS OF THE DAY

Hon. Mr. Cathers:   Mr. Speaker, I move that the Speaker do now leave the Chair and that the House resolve into Committee of the Whole.

Speaker:   It has been moved by the Government House Leader that the Speaker do now leave the Chair and that the House resolve into Committee of the Whole.

Motion agreed to

Speaker leaves the Chair

COMMITTEE OF THE WHOLE

Chair (Mr. Nordick):   I will now call Committee of the Whole to order. The matter before the Committee is Bill No. 11, First Appropriation Act, 2008-09, Department of Education.

Do members wish to take a brief recess?

All Hon. Members:  Agreed.

Chair:   Committee of the Whole will recess for 15 minutes.

Recess 

Chair:   Order please. Committee of the Whole will now come to order.

Bill No. 11 — First Appropriation Act, 2008-09 — continued

Department of Education — continued

Chair:   The matter before the Committee is Bill No. 11, Department of Education.

Mr. Fairclough:   When we left off debate on Department of Education, I brought up a few of the issues with the Carmacks school. There is a line item in the budget of $400,000 that is dedicated to dismantling the old school and filling in and fixing up some of the grounds. My issue to the minister was what was going to take place as far as completion of the playground area.

The reason that I bring this up is that it has been an issue for every school that has been replaced. I remember going through this with the community of Mayo, and the next year the department had to go to look for more money for completion of the grounds. It was also an issue in Old Crow. More money had to be dedicated by the department for the completion of that school. The costs of putting that equipment in should be included.

What I didn’t hear from the member opposite was whether or not they have met with the community to see what their wishes were in designing the playground area.

I brought up a bit of the history to the member opposite about the athletes in Carmacks over the past decades. I haven’t seen or heard of any postings from the department about meeting with the community to deal with this matter.

I am interested to hear the minister’s remarks on that, because I really do think it’s important. People were quite happy to finally see the opening of the school. I think it needs to be quite clearly said to the community of Carmacks too. We should not just have this contract posted and see who comes up with the successful bid to dismantle the school, but the department also needs to clearly state to the community the concerns raised in regard to the old school, particularly the gym, and what they thought could be done with that.

We need clear reasons why the department is going the route that it is going, and I think the community deserves to hear that. I am waiting to hear those come forward from the minister.

I also raised some issues about the Tantalus School in Carmacks when it was first under construction. We had local people, contractors, who came forward and said, “I think you’re doing it wrong,” and telling the contractors, “I think this is what you need to do.”

It has to do with the foundation and the removal of contaminated soil: what is happening with the contaminated soil that has been removed? Did the contractors do what was necessary to live up to the standards that are required under the department and the building codes?

Those are important things I want to hear from the minister because if something did not go right, then we need to know, because I feel we’re going to run into problems down the road if this is the case.

I say that because I know building inspectors move the project along with all the information they have — it gets approved.

One building in Carmacks that had government monies in it was the community skating rink and curling rink. Those are built in downtown Carmacks as well. When those buildings went up, it was the same issues that local people raised again with the contractors: you need to dig deeper, you need to take more of this silty soil out, you need to go further. It did not happen.

It didn’t happen. These buildings were put up — particularly the skating rink was built — I guess, ignoring the advice of community people. What we ended up with is a skating rink that is shifting; it has dips in it, it has heaves and it’s unsafe; the boards are unsafe.

It’s unfortunate because now we are going to have to face the whole expense of replacing it, and we don’t need that to happen in our schools. That’s what I am trying to tell the minister.

We have seen how much work goes into trying to correct the problems — for example, in the Mayo school — on this matter, where the building has shifted so much that even the hardwood floor in the gym has come apart.

I would like to hear some reassurance from the minister on this — not so much to me, but the reassurance to the people in Carmacks who should not be really facing this.

I am hoping that it has not started already, because during the opening of the Carmacks school — like I said yesterday — I noticed already that the gyproc was cracking and folding onto one another. I would not expect this already with a commercial building such as this; we haven’t even gone through the thaw yet. It is a bit of a concern to me.

I raised many of the issues about that school in the past, and the minister gave me an answer to some of them, which I appreciate. I appreciate the answers from the minister.

With that, I’d like to hear what the minister has to say about the issues I raised about the Carmacks school, and then I would like to move on from this into the education reform project final report. I have a few questions on that. I want to go through one important part of that report with the minister and have some questions answered.

Before I go on, the minister has had a day now to collect some information on this, and I know he has some of the numbers in front of him and some information, so I just await the minister’s answer.

Hon. Mr. Rouble:    It’s an honour and pleasure to enter into debate on the Department of Education’s budget, once again today. Yesterday we had the opportunity to begin debate on the department’s budget. I appreciate the member’s initial questions that are focusing on the Tantalus School — the new school in the member’s riding in the community of Carmacks.

The issues of things like the slight cracks in the drywall or some of the other normal deficiencies that one sees in new construction, when any new building goes up, especially a building of that size and magnitude — there are usually things that need to be touched up along the way. Those include some repainting, fencing issues, I believe there will be additional work with locks and I understand the Department of Education is working very closely with the Department of Highways and Public Works — the department responsible for the construction project — to ensure all these issues are addressed to the satisfaction of the Department of Education, which would include the school administrator and the people in the community.

Mr. Speaker, we’re going to continue with the work this summer of the demolition of the old school. That will be quite a significant project in the member’s riding, and I would hope and expect that it will cause additional employment opportunities in the community. Once the demolition is completed and the cleanup is completed, there will be further work on landscaping issues and fencing issues.

There will be ongoing consultation with the community and with school council as to what some of that landscaping will look like. I will confirm for the member opposite, and he can tell the people in his community, that consultation will be occurring on the scope of the project involving things like the landscaping and the setting up of large outdoor toys and in the future, about sports fields and things of that nature. We will continue to work with the community on these issues.

Mr. Chair, the Department of Education worked very closely with the community on the creation of the facility and on the design. As I said the other day, I was very pleased to see how quickly the community was embracing the new school and really taking ownership of the space. I think any reason to have people come into a school is a good reason. The more we can have community members — especially in our rural communities — making use of the school, feeling comfortable in the school, wanting to be involved with the school and to bring their children, there are great reasons to engage people in a community and to make the school part of the heart and soul of the community.

It has been said in the past that in order to build a community you need to build a church and to build a school. Well, Mr. Speaker, the government has the responsibility of building schools in order to help build communities. I can’t think of anything more forward thinking or more optimistic than building a school. The act of opening the school last week with the member in attendance was certainly one of the highlights that I’ve seen. It was great to see the community come together to embrace the opening and to see the optimism and to see the excitement on the kids’ faces and to see them all involved in every aspect, from the stick gambling to the community luncheon, to the presentation and being involved in the ceremonies.

I should add that that is the second school that has been developed by this government. The members should also recognize the School of Visual Arts in Dawson. Albeit it is post-secondary education, but the School of Visual Arts has made an important impact on the community of Dawson. It is an important asset for Yukon College, and indeed it is an important asset for all of Yukon.

Now that that large capital project is behind us, we will continue to work on our next capital project. We are already well underway and working with many of the partners in education here in Whitehorse on the high school planning and programming study and looking at what should be included in the new high school so that we can address that in the construction or renovations of F.H. Collins. That will be the next priority of this government, and work is already underway with our partners and we are now engaging them in identifying what will be important to see in that facility.

Mr. Speaker, I appreciate that the member’s questions so far have focused on the riding of Mayo-Tatchun. As a rural MLA, I can certainly see the importance of working on the issues in your community. As the Minister of Education, I have responsibilities to all Yukon, and indeed this budget does address education in all communities in the territory.

Yesterday when we began the debate, we had a brief opportunity to identify that the total main estimates for the Department of Education this year are $121,818,000. I began yesterday by going over the capital budget for 2008-09, which is $8,109,000. We discussed the fact that this reflects that we are wrapping up some of our major capital projects and entering into a planning phase for our next series of capital projects. As I just indicated, we are well underway with the high school programming study that will look at the future of high schools and the future of F.H. Collins here in Whitehorse.

Today I would like to continue to outline the O&M expenditures for the Department of Education. The 2008-09 operation and maintenance budget will seek continuing support for several initiatives, as well as support for new training initiatives. Our most important work at the Department of Education is to ensure that all Yukoners have the skills and education they need to support their families and to participate fully in their communities and in their workplace.

The $113,709,000 dedicated under this year’s operation and maintenance budget for the Department of Education will help us to support Yukoners on their journey of lifelong learning.

When you look at the department’s budget, you will note that the department has transferred the facility management agreement over to the Department of Highways and Public Works. This transfer was $8.47 million. So, in fact, there is already a substantial increase to the Department of Education’s budget.

That money has been transferred over as has the responsibility. People in the schools and in the community should not see any difference, nor even recognize that any change has happened.

First, I would like to address the funds the department is seeking on behalf of advanced education. Through a partnership with the federal government, the Yukon government is continuing to work on two new initiatives targeted at labour market development. While this is the final year of the two-year program for targeted initiatives for older workers, I am confident this project will have considerable impact on our labour force development in the Yukon.

The targeted initiative for older workers is providing Yukon College training, geared to re-engage older people in the workforce.

As of March 1, 2008, 15 participants had completed the first intake. Nine are presently employed, four have returned to school and two have been deferred to the next program intake.

In addition to that success rate, the second intake is now underway and there are 15 participants in the second phase of this very successful program.

In 2000 and 2002, Canada contributed $600,000 and Yukon contributed $95,000 to this project. This was done in a similar program that was then called “North of 55”, where 87 percent of participants found jobs after completing the program. We believe in these types of initiatives. When we look at the demographics of our population in Canada, it’s clear that certain populations are facing greater challenges than others when it comes to engaging in the workforce. The targeted initiative for older workers will help people 55 and older gain the technology and life skills they need to secure and maintain employment.

Our older workers are a resource that requires further development, and that is something this new program will provide. Also, this kind of project has the potential to have a very positive impact on the quality of life for participating older workers.

The immigration portal project is another exciting initiative involving the development of an on-line resource to efficiently provide immigration information to potential immigrants. We have negotiated multi-year contribution agreements of up to $200,000 per year for a four-year period with the Government of Canada.

The Department of Education has signed the agreement, and the initial version of the site was launched on April 1, 2008. The site will be fully bilingual in English and French by May 10.

This is a very exciting initiative. When people from outside of Canada are looking at immigrating to our country, we know the more streamlined and accessible we can make our information, the more success we will have to increase our immigration and help address Yukon’s labour shortages.

The immigration portal will have Yukon-specific information available to anyone interested in immigrating to Canada and living in the territory. The government is committed to reducing immigration red tape and fast-tracking immigration applications so that Yukon employers can have access to the workers they need for their businesses and organizations to flourish.

In addition to the targeted initiative for the older worker program and the immigration portal program agreements, the Department of Education also works in partnership with the federal government under our existing labour market development and immigration agreements. Under a contribution agreement, Education co-manages $4 million that is invested annually in adult education and skills programs.

To continue our support in alleviating the Yukon College pension shortfall, the government is requesting $950,000. A further $463,000 will be provided to Yukon College to continue the operation of the School of Visual Arts in Dawson City. This funding is an important part of the government’s support for Yukon College and the excellent programming it provides to Yukoners and to students from Outside.

Because the government is committed to indexing the Yukon student grant to the actual cost of living, we are requesting $104,000. When Yukon students are making the effort to improve themselves through post-secondary education and training, we want to ensure that the financial barriers to completing their education are minimized. Indexing the student grant to the cost of living is a support we can provide that really makes a difference to the success of our students studying both in the Yukon and Outside.

This program complements other programs we run programs such as the student training and employment program and the summer career placement program, which pay students a good wage for summer work and provide them with the skills they need to enter the workforce.

Mr. Chair, under the student training and employment program — STEP program — students receive at least 450 hours of hands-on training and employment in career-related employment with private sector or government employers. STEP students are paid at least $14.40 per hour, which is subsidized by the advanced education branch at $7.20 an hour toward the student wages.

Under the summer career placement program, a subsidy of 50 percent of the hourly wage to a maximum of $6.50 is provided to private sector employers. For not-for-profit employers, 80 percent of the hourly wage up to a maximum of $8.25 per hour plus $100 toward employment benefits is paid to secondary and post-secondary student positions.

Mr. Chair, to support apprenticeship training in the territory, the Government of Yukon continues its partnership with the federal government. As a result, a total of $825,000 is reflected in this budget for apprentice training. It is a sum that is entirely recoverable from the federal government as part of the skills development initiative.

This, in addition to the funding for trades and education infrastructure at Yukon College campuses, is going to make a real impact on how we are able to train apprentices in the territory. The government is proud to be part of the solution to the skilled labour shortage.

Now I would like to take a moment to speak to a number of initiatives that will support the work of public schools in the 2008-09 budget.

I am pleased to say that the operation and maintenance budget for 2008-09 will continue to support all new public school initiatives introduced by this government during its last mandate.

The Individual Learning Centre, launched in February 2005, continues to be a success, re-engaging high school dropouts by encouraging them back on the path to lifelong learning.

The full-day kindergarten and the home tutor program will continue to receive support under this year’s budget. These initiatives have proven to be very important and meaningful for people throughout the Yukon.

Other programs that the government has supported through its last mandate will also continue to receive funding.

Reading Recovery and Wilson Reading programs are very important learning tools for school communities, and they give students a solid start in school learning. We continue to receive excellent feedback on these programs and will continue to support them. They are making a difference in the education of our children. They are making a difference right at the very beginning, when children are first engaged in school. It will be interesting to see some of the results in 10 or 12 years, when these children who have gone through these programs graduate and go on to other pursuits.

The vocational and experiential education initiative continues in 2008-09 with $385,000. This money will provide more flexibility for schools to access experiential and outdoor education opportunities. I have heard some of the projects that have begun on this and some of the changes that have occurred, not only in the classroom but outside of the classroom, and I am very encouraged by some of these projects and their outcomes.

To support the Yukon Teachers Association collective agreement in the 2008-09 fiscal year, we are requesting $1.6 million. We believe our teachers are the heart of learning, so to attract and maintain the right teachers we will make sure they are remunerated appropriately.

We are requesting $77,000 to continue our support of the canines for safer schools program. This $77,000 will be put to good use at the Porter Creek Secondary School to support the drug abuse prevention program that was initiated by the Porter Creek School Council. It is great to see that this is another example of the government continuing to work with our school councils to address a need in their schools and working with them on the appropriate solutions.

Mr. Chair, I can see that you are giving me another indication that my time is running short. I do have some other initiatives that I would like to share with members. Perhaps they will allow me to answer the questions before they are asked, but I see that my time is up.

Mr. Fairclough:   I told the minister I would like to move on to education reform, but I do have one more question in regard to the Carmacks school and this one is really important. I think the minister and his staff could figure it out.

They had a lot of problems with the old school, including black mould, mushrooms growing and a lot of water problems, and so on. From my understanding of black mould in houses, it is very difficult to get rid of. Government has experienced this in the Thomson Centre. If there is a direction for a parent, say, who lived in a house that had black mould to try and get rid of it, either the house has to come down or major renovations have to take place. If you don’t want that black mould to come back into your home, you don’t bring it back in.

Part of the problem here is if you look it up on the Internet and read about it, it has tremendous health problems. Black mould stays with your furniture; it stays with electronics. Moving out of a house and moving back in — most people don’t get rid of their electronics or their furniture in some cases.

The new school in Carmacks had old furniture moved back into the new school. It had electronics moved back in.

From my understanding of the construction of the school, the roof leaked in several places — one in the library where there is carpet; one in the common area in which we had the opening celebration. That leaked for a long time; they had tarps over the roof. As I’ve toured through the industrial end of that school, I looked up at the lights and there was water sitting in the poly there. It didn’t come from inside the building, I don’t think; it came from outside and through the roof. It was a concern and I raised it to the minister in the past and we don’t want to see this take place — this mould taking a grip in this new school.

Also, we have had some vandalism in the school, where the water sprinklers were let go and flooding took place and there was more water in the school. It leaked down into the crawlspace — this is major.

This question that I’m asking, I know the minister can figure it out. I asked before anyone moved into the new school, whether or not the Department of Education, along with Health, would do an air-quality test. I know the members are figuring out why I’m saying this. It’s really important. If they did not do an air-quality test before the students moved in — or right after — can the minister say why it didn’t happen?

 Because of the recent problems with vandalism — having the water sprinklers turn on and flood a couple of classrooms — was an air-quality test done again?

If the minister could answer those questions, I would appreciate it.

Hon. Mr. Rouble:    I appreciate the member’s comments about the old Tantalus School and recognize that it was a school that had outlived its life. By all accounts, people would have liked to have seen that school torn down and replaced earlier. We are in the situation where this government made the commitment and built a new school. This school was built using the latest of materials, with design and engineered heating and ventilation systems. It is designed using the most modern building practices. We’ve learned a lot in building construction and design since the original school was built.

I also recognize that when we have winter construction in the Yukon there will be rain that falls and snow that falls, and that will be involved in the construction. I’ve been told that water is all cleaned up. There is not a direct relationship between a water spill one day and mould the next. I think we’ve all seen that in our houses or in other buildings, where you can have water but that does not mean there will be mould.

I have the confidence that the Department of Highways and Public Works constructed a building that meets all standards and codes, that they have taken steps to ensure it would be appropriately heated and ventilated in order to prevent some of these things from happening in the future.

I share the member opposite’s concerns about vandalism in the school, and it is very disheartening to see that people would go in and intentionally damage such a beautiful and significant new facility in the community.

I know that the Department of Education will continue to work with the teachers and the administrator of the Tantalus School. We will work with them on programs to ensure that people appreciate and recognize the value of the school. We’ll work with the whole community to develop a healthy sense of respect for having such a great facility in their community. I would expect that as people in the community see the benefit of that and recognize how much of an asset it is to the community, that behaviour like that will not be tolerated by anyone — by the students or by others involved — and that people will strongly discourage people from doing any sort of vandalism in the school.

The sense of pride that I saw on the faces of the students was really encouraging. I knew that they were starting to take ownership — from the displays of artwork that I had seen and the design of the new school logo. I know that people are really embracing the school and that they too are very saddened when things like vandalism in the schools occurs.

Now, Mr. Chair, the member has put forward additional concerns about the old school. Again, that is one of the reasons why it was not recognized as being a suitable structure. Along with some safety concerns and some building concerns and some code concerns, that is the reason it must come down. That is planned for this summer.

Mr. Chair, I appreciate the member’s comments. We are going to work to ensure that we have a healthy, safe school environment. I am assured by the Department of Highways and Public Works that we have a beautiful new building that meets appropriate codes and standards. We are going to continue to work with our staff and school administration there to ensure that the minor deficiencies that exist in a building after it is constructed are addressed. We are going to work with the community on developing some of the plans, both in the short and the long term, for the exterior. I appreciate that we will be putting in a sign in the very near future, then some fencing once it is appropriate to put that up.

We will continue to work with the community as we work with all of our communities on addressing the needs for additional sports equipment and a sports field once we get into the line regarding school-based planning. One of the lines later in the budget, Mr. Chair, details some of the work we are doing in all our schools — whether it is working to upgrade a sports field, or working to help a school council put in a hockey or skating rink on their school grounds. We can get into that and deal with all of our schools in the Yukon.

I do have a responsibility as Minister of Education not only to the Tantalus School in Carmacks, which we are very proud of, but indeed to all schools from Old Crow to Watson Lake, from Carcross to Ross River, and not only the public schools division, but Yukon College and our other institutions.

As I mentioned a moment ago, there are many other good initiatives going on in the Department of Education that are contained in this budget and that this budget highlights. It explains the allocation of resources in the Department of Education, and it is important that we discuss where some of these expenditures will go.

One of the expenditures we’re requesting support of the Assembly for is $90,000 to continue the support of the whole child project. The Department of Education is also requesting $575,000 to support the Council of Yukon First Nations in the delivery of education support services.

I think members will recall this was a new item last year, and it has been a very effective partnership between the Department of Education and the Council of Yukon First Nations in providing this funding so they may provide assistance to students from rural communities in making the transition to life here in Whitehorse.

This is another example of how we are continuing to reform our relationships with First Nation governments and how we are reforming education and how we are being responsive to the needs of students, especially the students from rural communities, and helping to assist in the transition from rural communities to life in Whitehorse.

The $575,000 to support the Council of Yukon First Nations also represents — sorry, if I could back up a moment here. I don’t want to confuse folks a bit, because this is an important line.

There is $405,000 to support the operating costs of the Yukon Native Language Centre and $170,000 to provide salaries for support staff for education. The Department of Education has a very good working relationship with the Council of Yukon First Nations. Our staff attend the Chiefs Committee on Education meetings, as well as meetings of the Yukon First Nation Education Advisory Committee. These kinds of connections have greatly benefited both the Council of Yukon First Nations and the Department of Education, because the lines of communication are open as we work to reach a common goal, that being increased First Nation success.

Mr. Chair, it was just last weekend when the co-chairs of the New Horizons project, that being the Deputy Minister of Education and the education technician from the Council of Yukon First Nations, jointly — and I’d like to emphasize the word “jointly” — presented to the school council conference and discussed the plans for the implementation of many of the ideas, concerns and themes outlined in the education reform project.

Mr. Chair, this is just one in a recent series of many meetings held jointly by the Council of Yukon First Nations’ representative and the Government of Yukon’s representative to work with other groups and organizations in the territory to inform people about how we are moving forward with education reform and how we will work to improve the quality and relevancy of education for all here in the territory.

Mr. Chair, there have been a number of Department of Education initiatives over the past few years that are improving how we incorporate First Nations’ culture and values into the classroom. This year we will provide $1.75 million in funding to support the First Nations programs and partnerships unit at the Department of Education. I am pleased to say that this unit continues to grow and provide a unique and helpful service to the Department of Education and the larger education community in the Yukon.

To ensure Yukon students have access to the best possible opportunities to learn aboriginal languages, the government is seeking $2.8 million to cover the salaries of aboriginal language teachers in Yukon and at the Yukon Native Language Centre. The Yukon Native Language Centre itself will receive $405,000 under this year’s budget.

This year we are continuing funding to the First Nation elders in the school program for $50,000. This program is integral to bringing the model of traditional learning into the Yukon classroom and making the classroom a more relevant place for all Yukon students.

Under this year’s budget, we will also be continuing to provide $15,000 for a counselling support worker for Champagne and Aishihik First Nations and $15,000 for a youth counsellor for Teslin Tlingit Council.

To develop and expand First Nation curriculum and resource development, we have committed over $440,000 this year. I believe I have shared some of the products of that curriculum work with members opposite. Last week at the beginning of Education Week, I shared with members some of the new resource materials that are now being used in Yukon schools.

These new readers include Yukon situations for Yukon students. They were a great project that was led by the Department of Education, working very closely with the First Nation Education Advisory Committee, the First Nation curriculum working group, and the Department of Education’s curriculum people. My hat goes off to the folks who have produced a great new series of readers. I know I’ve shared them, not only with members opposite, but with a number of people. If they are as warmly embraced by the students as they are by others, then I’m sure there are a lot of smiles and a lot of worn-out copies in our classrooms.

The First Nation programs and partnerships unit has completed four grade 5 Yukon First Nation modules on governance, clans, languages and citizenship. These units will be piloted this fall. The First Nation programs and partnerships unit is currently developing grade 3 and grade 4 Yukon First Nation governance units, a grade 12 First Nation studies course, and the text for four early primary readers reflecting Yukon First Nation people — those are the books I just mentioned.

The unit is providing a Yukon perspective in the development of a B.C. grade 12 First People’s English course. This course will be equivalent to the B.C. Ministry of Education English I. The unit previously developed 11 early readers, focusing on the Yukon First Nations’ culture in collaboration with the Yukon First Nations and teachers.

Mr. Chair, we are making very good progress on the development and expansion of First Nation curriculum. I know this has been an area of concern for the Member for Mayo-Tatchun, and he has asked in the past that government allocate resources to First Nation curriculum and indeed to making all curricula in Yukon schools more relevant to Yukoners. I am pleased to see that we are making progress and I trust that the member will be very encouraged by the work the Department of Education is doing along these lines.

Over $20,000 is dedicated to train all new Yukon teachers in Yukon First Nation culture during our new teacher orientation in August every year. In order to provide cultural enhancement opportunity programming for Yukon schools, we will continue to provide $305,000 a year in funding. This important initiative supports a wide range of programs including everything from making mukluks to schools undertaking bison hunts. In this area, we certainly appreciate the work of our school councils and our advisory groups in making recommendations on these programs and in working with the schools on their delivery. We couldn’t do some of these programs — things like the bison hunts — if we didn’t have the volunteers working with our schools to help celebrate all of our culture and to help the children learn about these new initiatives.

Finally, Mr. Chair, advanced education continues to be supported and to support the Yukon native teacher education program with $540,000 under this year’s budget. The total Yukon government investment in First Nation education initiatives, in addition to regular programming that all First Nation students have access to, is over $5.7 million.

Promoting and supporting French language and culture is also very important to the Department of Education. We are pleased about the development and progress of the late French immersion program at École Whitehorse Elementary and the French-intensive language programs at Holy Family and at Vanier.

We continue to receive a lot of positive feedback on these programs.

The department also continues its support of the francophone school board. I’m pleased to say the department will continue to provide $200,000 toward an experiential learning program in French, along with an estimated $375,000 toward in-kind services. This experiential learning program is an exciting initiative for École Émilie Tremblay and we look forward to continuing to support the francophone school board through the development and delivery of the program.

Our experiential learning programs currently offered in English offer a unique opportunity for Yukon students. These programs are special because they expand the conventional boundaries of the classroom to different hands-on learning environments, such as sailboats, mountaintops and theatres.

We look forward to supporting the francophone school board in offering this kind of programming to its students.

I’d like to thank my Cabinet colleagues and the Department of Education staff, who were involved in the crafting of this blueprint for learning in the territory. I’d also like to thank all the Yukoners who continue to express their needs and aspirations for education in the territory. These include not only the school councils, but our many advisory groups. I believe we have well over 120 different advisory groups on education in the territory and we continue to thank all for their participation and trust we will see their continued support.

The government has listened to the feedback on education opportunities and we’re constantly making improvements and changes to ensure the education system reflects the values and goals of all Yukoners.

I trust after this explanation of the budget that members will see the value in it, and I would ask for their support in how we go forward with education in the territory.

Mr. Fairclough:   That was a long answer, Mr. Chair. I don’t believe I got an answer to the question, though. For a minister who wanted to get out at 3:00 p.m. for a dental appointment, we’re not going to make that. I’ll just remind him of that.

I asked a question, and I said this was very important. I may have missed it. I say that I might have missed it because I was being passed some important information — but it’s in regard to air quality and the air-quality tests.

Were they done prior to the students moving into the new school? If not, why not? Was there one done after the water damage from the vandalism was taken care of? I’d like to know that.

The school is built right beside a road that’s close to a municipality. That road is very close, and there have been some really close calls already with students running out of that end of the school across the road and heading up toward the store and the businesses. Has the minister worked or talked with the municipality to close that road?

I would like answers concerning those two issues: air quality, and whether or not the minister has worked or even engaged in any talks with the municipality to close that road. I think community people are interested to know the answer to that.

Hon. Mr. Rouble:    I would encourage the member opposite to discuss some of his specific construction questions with the Minister of Highways and Public Works who was responsible for the construction. Once the Department of Education moved in, we were assured that the building was in the appropriate condition and that it was proper for us to continue to use it.

Following the incident with the sprinkler, Mr. Chair, the water was cleaned up in a very expeditious manner. It was cleaned up immediately, and there was no evidence to indicate that any permanent or long-term damage had occurred, or that there would be any kind of impact on air quality.

This was water that came out of a sprinkler head that had not been in the sprinkler system for very long. It might even have just come from the municipal water system there. There was nothing to indicate that there would be a health hazard created by having a puddle of water on the floor. That was cleaned up and the appropriate steps were taken to clean the area.

We will continue to work with all our schools to provide ongoing maintenance and the appropriate ongoing air quality checks and inspections in all our schools and not only in the Tantalus School; we’ll look at all of the schools throughout the territory.

With regard to the issue of the road, I understand that the fencing, while it might not be one of the most urgent priorities of the school council or the community, is one of the priorities that are present. The fencing will be looked at. The issue of closing a road — I would encourage the member to work with the school council and the village council on that issue. If there is indeed a community desire to close the road, we will certainly work to take all steps necessary to ensure a safe learning environment.

We do have to finish the demolition of the old school and clear that debris away. Once that is concluded then we can go to work on other steps such as the landscaping and fencing issues. There is still work that has to be done. I understand that a lot of supervision goes on in the schoolyard, and we will continue to work to ensure that we have a safe school environment for the students now and into the future.

Mr. Fairclough:   I didn’t think that would have been that difficult of a question to answer, but obviously we need to take it to another department. I thought perhaps the minister would have had that information with him in regard to the air quality of the school. That question could be posed by the public to the minister at any time, and he should have the answer in front of him and not slough it off to another department, that it is their responsibility. I know if I ask the Minister of Highways and Public Works this question, I will not get an answer, so I am relying on a minister who is perhaps able to get the information for us.

I’d like to move on, Mr. Chair. I’d like to talk about the education reform project, the final report that was tabled in this House, and I would ask the minister to sit back and listen because I do have a bit to say on it and I will be reading from some notes.

The minister knows it covers a vast range of topics, and the mandate was to increase the involvement of First Nations in schools and in the decision-making process regarding education in the Yukon.

In 1990 the Government of Yukon carried out the review of the Education Act to deal with the inequities in the education system. Although the resulting legislation had promising aspects, and the minister knows this, it gave the Minister of Education primary responsibility and control over education.

Yukon First Nation people had little responsibility or control over the decision-making process. In 2000 it stipulated — in the 1990 Education Act — an educational review process was set to examine if the act was meeting its stated goals.

This process was not supported by First Nation organizations in the Yukon because they felt the act did not allow for adequate representation of First Nation people. There are more reasons why as well.

Things have changed, as the member knows, in a short time, since many First Nations now have self-government agreements and the minister knows that any self-governing First Nations may request the negotiation of ways in which to divide and share responsibility for delivery and administration of programs, including education delivered within its traditional territory.

I use those words because some have not looked at totally drawing down education from kindergarten to grade 12, but perhaps they have been looking at the elementary classes, and that’s why it’s worded that way.

For education to become meaningful and successful, First Nation communities must have direct involvement in the education of their children. They must have a sense of ownership of the schools that their children attend. Although it was not within the mandate of the education reform project, these are similar concerns and aspirations that were expressed by all Yukoners.

As the education reform project has pointed out, it was created to facilitate the developments necessary to ensure the two levels of government work together effectively to make the education system more responsive to all Yukoners, particularly First Nation students.

The education reform project team adopted the definition of “partnership” used by the Royal Commission on Aboriginal Peoples. The commission defined partnerships in the following way, and I quote from the Royal Commission on Aboriginal Peoples “…relationships that are worked out on the basis of nation-to-nation negotiations amongst equals who reach agreements by means of consent on both sides and no subordination on either side.”

This is a fundamentally critical part of this report and it may be even more important because of the present government attitude displayed recently in this Legislature of not listening to anyone other than themselves.

Partnership is essential. Any viable working partnerships with First Nations need to take these factors into account: First Nation inherent rights and self-governance, First Nation input, access to information and equality. Again, I use these words: one party must not be subservient to another. That’s what equality is.

Applicability: partnerships between First Nations and government should apply to each First Nation individually. Expectations that one partnership agreement can be universally acceptable to all First Nations are unrealistic.

Collaboration: no one person or group in a partnership should have the power to impose its will over others. I’m going to be asking a question in relation to all of this in the end, so I hope the minister is listening carefully.

In order to ensure that power is shared, all partners have to embrace the concept of understanding respect and nation-to-nation agreements.

Community-based model: a partnership should not be imposed from the top down. Instead, it should be structured in a way that ensures grassroots input and support. The success of this partnership will depend on the partners’ ability to involve the community.

The one example the minister heard very well was in Carmacks, at the opening of the school. I talked about the strength of community direction in governance. The chairs of the school councils around the territory met back in 1996 or 1997 — I can’t remember when — to talk about the priorities of their schools and the conditions of their schools. Their mandate was to come up with a capital project list, which they did.

They came up with five schools. There was the Old Crow school, the Mayo school, the Ross River school, the completion of the school in Pelly Crossing and the Tantalus School in Carmacks. What I just said about the community-based model having to involve community people and it being a bottom-up approach — that was exactly what it was. It was a bottom-up approach from the chairs of the school councils.

I say that had a lot of strength because this bottom-up approach survived many governments. It survived through the New Democrats; it survived through the Liberal government and now the Yukon Party government. That is a bottom-up approach, and when we get into the governance structure, we’ll talk about this again.

Adequate resources of all kinds — time, money, infrastructure, expertise and staff — must be in place to ensure the success of any partnership initiative. Partnerships should be considered transitional in nature. Not all First Nation communities have the same level of expertise and resources.

I have more in regard to the issue of governance.

As the education reform project report states, “A new education governance model is needed, one that will support life-long learning.” And we hear these words from the minister also. “Any education governance structure has to be based on partner involvement and community empowerment. Any discussion of governance that does not address these goals will fall short of the demands heard during initial consultations and previous other community consultations and reports.”

I think the minister would agree with me on that. “In order to be effective and inclusive the education system has to include a range of partners, organizations and elected officials whose sole intent is to provide the best educational service possible.”

The new governance structure proposed in the report is intended to be a bottom-up, participatory model that is open to input from a broad range of groups and individuals. I believe the minister understands that as well.

It will allow the educational system to be more effective, more inclusive and more responsive to the concerns of all its partners, including First Nations communities.” This is presently the model that is used in a very large percentage of Canadian communities, and in these jurisdictions they are simply called “school boards”. Their authority is more far-reaching than what is being proposed here — of course they have a bigger budget than we have — the Minister of Education in these jurisdictions still retains the ultimate authority, and I bring this back up to the minister, as the minister should have this authority. But there, the minister delegates his authority to the individual boards.

As recently seen in Nova Scotia, if, in the opinion of the minister an educational authority is no longer functioning in the best interests of society, the institution can be dissolved with the stroke of a pen, and that is very much the exceptional case. The report briefly outlined the concerns they heard expressed in the consultation.

I’ll repeat that. The report briefly outlines concerns that they heard expressed in the consultation, “…the level of frustration that many First Nations people feel about the educational system in general; the disparity between First Nations and non-First Nations student achievement; the lack of culturally relevant curriculum; the lack of opportunity for meaningful involvement in the delivery of an educational program; the perceived and actual systemic barriers within the education system; and the slow pace of progress toward acceptable measures of control over First Nations education.

“The desire for a new education governance structure is not limited to First Nations. The authors of the 1990 Education Act and the legislators of the day recognized a need for legislation that would allow for significant input by parents, communities and partners into the decisions that affect Yukon students.

“In the document Renewing the Partnership: Draft Recommendations (Education Act Review 2001) the Education Act Review Committee stated that a new governance model for public schools in the Yukon was needed (pp. 70-71), based on several observations: Much of the Education Act is based on the concept of school board governance, although after nearly 20 years only one small board exists. The current governance model does not adequately provide for a true partnership with the people who it affects. Parents feel powerless in the current governance model. The school council structure has not provided an adequate level of involvement for them in shaping the kind of school they want for their children. First Nations people are frustrated because their children are less successful in school than non-First Nations students. They want a part in the decision-making process to make sure that their children will do better. First Nations parents are also not satisfied with the curriculum.”

“The partnership that was envisaged in the creation of the Education Act has not survived implementation. The concept of a school board in every community, and several boards in Whitehorse, has failed to meet the test of public interest.

“The committee visualized a Yukon-wide governance model encompassing all Yukon schools in the form of school boards rather than, or in addition to, school councils. Their recommendation was based on the boards’ perceived ability to influence decision-making.

“School councils: Despite the provisions in the Education Act for school boards, which would support more community participation, in the 17 years since the Act was passed only three school councils have explored the possibility of evolving to a school board, and only one school board has been formed.

“The majority of Yukon citizens, partners, educators and politicians seem to agree that the existing legislation does support community and partner involvement. This raises several questions:…”

The minister could take the time to listen to them.

“Why is there only one school board in Yukon?

“Why have communities not embraced the potential for substantial authority over the operation of their local school?

“Have school councils been encouraged to assume more authorities over the operations of their school?

“Have school councils been encouraged to evolve into school boards?

“Are there sufficient mechanisms in place to enable and support school councils to evolve and assume the authorities afforded by the Education Act?”

There are lots of questions here. I know I’m running out of time, and there are only a couple of minutes. I’d like to finish this if the minister would allow me to do that, and I will save other questions until the end.

Hon. Mr. Rouble:    I appreciate the comments coming from the member opposite, and I am just going to ask one question so that we can really have some clarity around this issue and so I can understand where the member is coming from. That question is this: does the member opposite support the governance structure proposed in the education reform document?

Mr. Fairclough:   I will answer that question in a bit, but I am going to ask that same question back to the minister.

During the Education Act review of 2000 to 2004, it became apparent that there was a general perception that school councils lack authority and are subservient to the school’s administration and the Department of Education. Because of this perception, many people were reluctant to involve themselves in school councils. In talking with some of the school council members and the public, many of them wanted to join school councils but did not want to be there for simply doing fundraising; they wanted serious involvement.

The present elected term for school councils may not be long enough, and I say “may”. The school councils are constantly in a state of flux with not enough time for members to be able to understand the issues and propose solutions. In addition, school council members do not appear to be well versed in the important topics such as school budgets, Department of Education budgets, the Education Act, collective agreements, public school policies, the Education Staff Relations Act, and other issues central to the operations of schools in the Yukon. I know the department knows this, but it needs to be pointed out again. School councils are integral to any initiatives related to education, governance, community involvement, empowerment and partnership. Without the enhanced support of the school council — one able to be fully involved in the operation of schools — community empowerment is not possible. Without community the intent of the Education Act will not be realized.

In addition, responsibility for school councils should include any revisions to the Education Act: “…involvement in selecting school-based staff; recommending staff hiring for the Department of Education; involvement in staff performance evaluation; an enhanced role in evaluation of site-based administrators; involvement with school budgets; approval of school budget expenditures; timetable approval (teachers and students); approval of educational field trips; advance approval of educational day trips; being informed of all school-raised funds and expenditures; development and approval of the school-year calendar; community use of school facilities; development and approval of local policies; approval of over-aged students enrolling in secondary schools; and responsibilities delegated to them by the Minister of Education based on requests as per section 9 of the Education Act.”

I’m going to ask this again — I know the minister might be following along. Policy development — “Locally elected school boards, councils and committees should be involved in the development and approval of all public school policies. They should also assume responsibility for the development and approval of local school policies in the following areas: policy and procedures regarding attendance and truancy; policy and procedures regarding student attendance during extreme weather conditions; policy and procedures regarding a student code of behaviour and student suspension and expulsion; community use of school buildings and equipment; length of school day, lunch break and recesses, in keeping with the provisions of the Education Act and its requirements; provisions for religious instruction for students; implementation of new programs and activities; development and/or review of all policies, guidelines or procedures; hours of instruction for aboriginal languages; field trip participant selection and adherence to curriculum; and other areas as agreed to through discussi