Ontario Hansard - 11-May2006: MEMBER FOR PARKDALE-HIGH PARK [Gerard Kennedy]

Ontario Hansard - 11-May2006

MEMBER FOR PARKDALE-HIGH PARK

Mr. Peter Kormos (Niagara Centre): A question to the acting Premier: Sir, folks in Parkdale-High Park were shocked to read in the Toronto Star this morning that Gerard Kennedy "had wanted to resign his seat when he formally entered the leadership race two weeks ago, but stayed on at the request of Premier Dalton McGuinty, who wants to hold off on a by-election."
How can your government justify denying the folks of Parkdale-High Park full representation here at Queen's Park for your government's own crass, partisan political and self-serving reasons?

Hon. George Smitherman (Minister of Health and Long-Term Care): If the honourable member really, really feels all those people in Parkdale-High Park woke up feeling that way this morning, I rather suspect they might have been here stampeding the lawn, but it's only the honourable member's rhetoric that's revved up on this point.
The reality is clear. He said, what about this role of the MPP delivering for the people of Parkdale-High Park? Well, it seems apparent that the honourable member for Parkdale-High Park still has some awfully good skills, because he just delivered a hospital for the people of that community, a long-awaited necessity that has been long-standing.
We've been clear. The Premier has left this up to the honourable member, in his conversation and his work with his local constituents. He has decided that is going to come soon, and this falls very short of the Marilyn Churley time lag.

Mr. Kormos: While the Premier has wanted us to believe that this is a matter between Mr. Kennedy and his constituents, it appears to have been a matter between Mr. McGuinty and Warren Kinsella, because this morning Mr. Kennedy finally went on the radio to let the folks of Parkdale-High Park know they'll have a chance to elect a full-time MPP after the Premier lets him resign two weeks from now. The problem is, people here in Toronto listening to CFRB or CBC or 680 or 640 didn't hear it, because Kennedy made that announcement on Halifax News 95.7, where he was at the time. This is sad. Gerard Kennedy isn't speaking to his constituents anymore, much less representing them. Why doesn't he just resign today, go now? Why doesn't the Premier let him do that?

Hon. Mr. Smitherman: I think it's appropriate to remind the honourable member of the tremendous work and contribution that Gerard Kennedy has made, not just to the community of Ontario but the community of Parkdale-High Park. The reality of the work continues in the sense that he had the opportunity just last week to deliver a long-standing promise, to deliver on something that has been on the wish list of the community of Parkdale-High Park for more than a decade, back to the brief days when that honourable member was entrusted with power in the province of Ontario.
Obviously, Mr. Kennedy has indicated it's his intention to resign shortly. What we know for sure is that he will have done so in a manner that is rapid compared to the exit strategies of honourable members opposite.

Mr. Kormos: That's interesting. After Marilyn Churley announced her intention to run federally, she had 38 recorded votes, 19 oral questions and two private members' bills before she resigned her seat. Since Gerard Kennedy made his announcement April 5, not a single day here in the Legislature, not a single reading of a petition --

The Speaker (Hon. Michael A. Brown): We are not, as you know, permitted to talk about absence from the Legislature.

Mr. Kormos: Zip; nothing from the member.
You can't blame Gerard for wanting to resign. He's running for the leadership of the federal Liberals, and the sooner he separates himself from Dalton McGuinty and McGuinty's record of broken promises, weak leadership and ongoing excuses, the better for Gerard Kennedy and his chances. Why doesn't the Premier put his partisan, crass, self-serving delay of the Kennedy resignation aside and accept Mr. Kennedy's resignation today, here, now, effective 6 p.m.?

Hon. Mr. Smitherman: I think that, upon reflection, the voters of Toronto-Danforth, the riding next door, cast their view about the questions that Marilyn Churley was asking during that period. What I do believe is that the voters and the residents of Parkdale-High Park would rather know that their honourable member delivered an important expansion of their hospital than stood in the Legislature and asked a couple of questions.

Opposition demands Gerard Kennedy resign

Opposition demands Gerard Kennedy resign

Canadian Press

Date: Tuesday May. 9, 2006 5:45 PM ET

TORONTO — The opposition parties stepped up the pressure Tuesday on Premier Dalton McGuinty to demand the resignation of federal Liberal leadership candidate Gerard Kennedy, who they accused of shirking his duties to his constituents while he tries to raise his profile outside Ontario.

Both the Conservatives and New Democrats complained that Kennedy is not serving his Toronto constituents by travelling across Canada to boost his leadership bid.

But McGuinty defended Kennedy, telling the legislature he'll leave it up to the former education minister to decide exactly when to resign his seat.

"Mr. Kennedy remains very much devoted to his responsibilities,'' McGuinty said. "He remains very much committed to his constituents. Eventually, Mr. Kennedy and his constituents will come to an arrangement regarding his departure.''

The premier noted Kennedy is still active in his Parkdale-High Park riding in Toronto's west end.

"Just last week, a project which he's been working on actively for some time now came to fruition,'' McGuinty said. "He announced the redevelopment of St. Joseph's Hospital here in Toronto.''

"I expect he'll continue to work in an active way for his constituents.''

Kennedy said Tuesday he will eventually resign but not until he feels the time is right.

"I have been working to complete several projects that might suffer if there was a prolonged interruption, and I want to ensure service to area residents,'' he said in a statement.

"While I cannot yet determine how long this transition will take, I want to be clear that as long as I am an MPP, I will ensure that I can fulfil responsibilities during that time.''

But the opposition said it's not possible for Kennedy to be in two places at once, and demanded that McGuinty put his foot down.

"It is your responsibility to say to him that you can't do two things at once,'' said Conservative Leader John Tory. "The time has come ... to step down from his seat.''

Tory said it lowers the public's confidence in all politicians to see Kennedy campaigning across Canada instead of representing his constituents in the legislature.

"We are doing damage to the process and the confidence that people have in all of us by trying to pretend that it is possible for someone, when they're gone from this place for weeks at a time, to also serve their constituents,'' he said.

NDP Leader Howard Hampton said Kennedy should not be drawing a $1,600 weekly salary from Ontario taxpayers while he's running to become the next federal Liberal leader.

"Over just the last two week ... he's criss-crossed the Rockies of British Columbia, he's wandered the Atlantic coast of New Brunswick, and on Saturday he announced he was house hunting in Quebec,'' Hampton said.

Kennedy, who has said he wants to spend part of the summer in Quebec to better understand that province's issues, is one of 11 Liberal leadership contenders.

Ontario Hansard - 16-December2004: Kennedy in Contempt of the Ontario Legislature

Ontario Hansard - 16-December2004

INTRODUCTION OF BILLS

CORPORATIONS TAX
AMENDMENT ACT, 2004 /
LOI DE 2004 MODIFIANT LA LOI
SUR L'IMPOSITION DES SOCIÉTÉS

Mr O'Toole moved first reading of the following bill:
Bill 166, An Act to amend the Corporations Tax Act / Projet de loi 166, Loi modifiant la Loi sur l'imposition des sociétés.

The Speaker (Hon Alvin Curling): Is it the pleasure of the House that the motion carry? Carried.

Mr John O'Toole (Durham): The export film sector and others in Ontario's film and TV industry are in a crisis; they are jobs of some 50,000 Ontario citizens. The bill amends the Corporations Tax Act to increase the amount of Ontario film and television tax credits for a qualified production company for 20% to 33% of the company's qualifying labour expenditures. It also expands the tax credit to cover 40% of the company's qualified labour expenditures in the case of feature films. This is not the first time productions have been disappointed by the current government.

EDUCATION AMENDMENT ACT, 2004 /
LOI DE 2004 MODIFIANT LA LOI
SUR L'ÉDUCATION

Mr Kennedy moved first reading of the following bill:
Bill 167, An Act to amend the Education Act / Projet de loi 167, Loi modifiant la Loi sur l'éducation.

The Speaker (Hon Alvin Curling): Is it the pleasure of the House that the motion carry?
All those in favour, please say "aye."
All against, say "nay."
I think the ayes have it.
Call in the members. There will be a five-minute bell.
The division bells rang from 1349 to 1354.

The Speaker: All those in favour, please rise one at a time and be recognized by the Clerk.

Ayes

Arthurs, Wayne Bartolucci, Rick Bentley, Christopher Berardinetti, Lorenzo Bountrogianni, Marie Bradley, James J. Broten, Laurel C. Bryant, Michael Cansfield, Donna H. Caplan, David Chambers, Mary Anne V. Colle, Mike Cordiano, Joseph Craitor, Kim Crozier, Bruce Delaney, Bob Dhillon, Vic Dombrowsky, Leona

Duguid, Brad Duncan, Dwight Fonseca, Peter Gerretsen, John Gravelle, Michael Hoy, Pat Jeffrey, Linda Kennedy, Gerard Kular, Kuldip Lalonde, Jean-Marc Levac, Dave Marsales, Judy Matthews, Deborah Mauro, Bill McNeely, Phil Meilleur, Madeleine Milloy, John Mossop, Jennifer F.

Orazietti, David Parsons, Ernie Peters, Steve Phillips, Gerry Pupatello, Sandra Qaadri, Shafiq Racco, Mario G. Rinaldi, Lou Ruprecht, Tony Sergio, Mario Smith, Monique Sorbara, Gregory S. Van Bommel, Maria Watson, Jim Wilkinson, John Wong, Tony C. Zimmer, David

The Speaker: All those against, please rise one at a time and be recognized by the Clerk.

Nays

Baird, John R. Bisson, Gilles Chudleigh, Ted Churley, Marilyn Hardeman, Ernie Jackson, Cameron Klees, Frank

Kormos, Peter Marchese, Rosario Martel, Shelley Miller, Norm Murdoch, Bill O'Toole, John Ouellette, Jerry J.

Prue, Michael Runciman, Robert W. Scott, Laurie Tascona, Joseph N. Wilson, Jim Yakabuski, John

The Clerk of the Assembly (Mr Claude L. DesRosiers): The ayes are 53; the nays are 20.

The Speaker: I declare the motion carried.

Mr Frank Klees (Oak Ridges): Mr Speaker, on a point of order.

The Speaker: On a point of order, the member for Oak Ridges.

Mr Frank Klees (Oak Ridges): Speaker, I rise on a point of privilege pursuant to standing order 21. This legislation that was tabled for first reading today --

Interjections.

The Speaker: I'm hearing the point of order from the member here. Order.
Interjections.

The Speaker: Order. There's a point of order on the floor.

Interjection: No, there's a point of privilege on the floor.

The Speaker: Did you say a point of order or a point of privilege?

Mr Klees: Point of privilege.
Speaker, I thank you. I'm rising on this point of privilege because, as a member of this Legislature, I am highly offended by the actions of the Minister of Education today.
Yesterday during question period, I raised the issue that the Minister of Education, on November 29, issued a four-page letter to boards and directors across this province instructing them to negotiate four-year contracts with teachers. On that same day, I find out today, the same Minister of Education issued a letter to the Ontario Secondary School Teachers' Federation local bargaining units asking them, instructing them, to effectively do the same thing. Today we have this Minister of Education tabling a piece of enabling legislation --
Interjections.
1400

The Speaker: I'd like to hear the point of privilege. I'm hearing a lot of discussion on the government side. Could I have a moment to listen to the point of privilege coming out of the statement made by the minister on the bill?

Mr Klees: Speaker, thank you.
Today we have the Minister of Education tabling for first reading in this House amendments to the Education Act that would allow him to do what he instructed boards to do on November 29. There are two concerns that I have. First, that by tabling this legislation today and having written to boards, and also interfering with the collective bargaining process with the OSSTF, this minister has presumed that we in this House will in fact pass this legislation. I suggest that is contempt for the House. Every member in this place should reserve the right, first, to see the legislation, second, to have an opportunity to debate it, and third, certainly to have an opportunity to vote on it before the minister of the crown issues his directives to bargaining units across this province to boards of education and to directors of education. This is a gross interference with the rights and privileges of myself as a member of the Legislature and, I suggest, of every member of this Legislature.
I ask, Speaker, that this minister be found in contempt of the Legislature, and at the very least that he be asked to withdraw the letter that he sent to the boards and to the directors, and that he be asked to withdraw the letters that he sent to the OSSTF, which essentially are interfering with the collective bargaining process that is traditionally the right of collective agreements in this province.

The Speaker: Let me just respond to the member for Oak Ridges. I have not seen the bill; I do not know what is the content of the bill until it has been printed and distributed. There's no prima facie case of privilege that I can see arising out of this unless I can see the content. Maybe you can file the proper papers and tell me specifically what part of the bill is in contempt, and then I can proceed with that.

Mr Klees: I appreciate your response. I will in fact file the appropriate documentation. I would ask that you give very serious consideration to the actions of the minister that have arisen from this, what I contend is a major affront to every member of the Legislature.

Hon John Gerretsen (Minister of Municipal Affairs and Housing, minister responsible for seniors): On a point of order, Speaker --

The Speaker: Order. One second. The bill has been voted on. I'm going to ask the Minister of Education to make a comment.

Hon Gerard Kennedy (Minister of Education): The bill introduced today simply amends the terms from three years to two to four years for collective agreements, as we wrote to school boards our intention to do so, to bring about this legislation to have that effect. It is technical in nature. The only other aspect of the bill is that it also gives certainty, in the absence of conformance, on what would happen to the terms of other contracts. That's the content of the bill, and I'm happy to rise and explain it in this House.

CORRECTION OF RECORD

Hon John Gerretsen (Minister of Municipal Affairs and Housing, minister responsible for seniors): On a point of order, Mr Speaker: I would like to clarify the remarks I provided to the House in response to a question from the member from Beaches-East York yesterday, wherein I stated that I had not received the resolution from the city of Kawartha Lakes on the issue of municipal restructuring.
The fact is, a letter from Mayor Barbara Kelly of Kawartha Lakes was received by my ministry approximately three weeks ago. It was brought to my attention following yesterday's question period that the letter was under review by my ministry and staff. I've responded to her letter today and my office has been in contact with Mayor Kelly to clarify any misunderstanding that my remarks yesterday may have created.

VISITORS

Mr Norm Miller (Parry Sound-Muskoka): On a point of order, Mr Speaker: I would like to introduce Danika Hawthorne's relatives who are here visiting: an uncle from the Cayman Islands, Kyle Broadhurst, an aunt from British Columbia, Debra Broadhurst, and friend Nipkonnie Rice. They are in the gallery.

Hon Sandra Pupatello (Minister of Community and Social Services, minister responsible for women's issues): On a point of order, Mr Speaker: On a matter of a question raised in the House yesterday regarding the member from Burlington, where he was discussing a family and the reduction of benefits, I'd just like to report that we are following up with this family and are hoping the family will be able to provide the documentation required, which has been lacking on that file.

The Speaker (Hon Alvin Curling): That's not a point of order.

Mr Mike Colle (Eglinton-Lawrence): On a point of order, Mr Speaker: Today, Anthony Palmieri, the long-serving parking superintendent, is retiring. After all these years of service, I hope the House would congratulate him and wish him well in his retirement.

The Speaker: Maybe it's time for me to make a statement too. Over this session, many members have gotten up on points of order to introduce visitors in the House. I would much prefer that those messages come to the Speaker, and I will do the introductions if they are appropriate to introduce. It is getting a bit out of hand here.