Today I released a media statement in response to the meeting in Ottawa between Rachel Notley, Justin Trudeau and John Horgan concerning the future of the Transmountain pipeline project. It is reproduced below.

Media Release

Weaver: Prime Minister’s willingness to put federal dollars on the line in response to ultimatums should alarm all Canadians
For immediate release
April 15, 2018

VICTORIA, B.C. – Andrew Weaver, leader of the B.C. Green Party, issued the following statement following the meeting between Premiers John Horgan and Rachel Notley and Prime Minister Trudeau regarding the Trans Mountain pipeline.

“I am encouraged to see Premier Horgan continue to stand up for B.C.’s right to protect our economy, our environment and our people,” said Weaver.

“It is deeply troubling that the Prime Minister is considering using public funds to absorb investor risk in this project. The message this sends to investors is that if they issue ultimatums for projects based on fundamentally faulty economic rationale, the Prime Minister will put taxpayer dollars on the line to bail them out. Since Kinder Morgan made its case to the NEB predicated on oil prices being at least $100 per barrel, markets have shifted dramatically and oil price projections are between $40-70 per barrel.

“This should concern all Canadians who took the Prime Minister at his word when he said he would build a clean, forward-looking economy. That means providing targeted incentives and support programs for industries who are embracing low-carbon solutions. Instead, the Prime Minister is doubling down on a sunset industry whose expansion puts our climate targets out of reach. We need to be investing in our shared future, not subsidizing the wealth of Texas oil companies.

“Three years into his mandate, it appears the Trudeau Liberals have no actual plan for transitioning to the low-carbon economy. This is a massive missed opportunity to make Canada  a global leader in climate solutions. Worse, his insistence in pushing this project through despite significant Indigenous and community opposition risks everything that makes Canada great – our commitment to human rights, our beautiful natural environment and our international reputation as a peaceful nation of hard workers unafraid to tackle the challenges before us.

“B.C.’s world-leading climate policies introduced by Premier Gordon Campbell showed the world that climate action and a thriving economy are compatible. My caucus is working closely with Premier Horgan’s to develop a climate plan that will make B.C. a world leader once again. We will continue to provide this leadership in B.C. because we know it is the only way to secure a bright economic future for our province and for our country.”

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Media contact
Jillian Oliver, Press Secretary
+1 778-650-0597 | jillian.oliver@leg.bc.ca

Today I was afforded the opportunity to address delegates at the 69^th annual convention of the Association of Vancouver Island and Coastal Communities. As noted on their website:

“The Association of Vancouver Island and Coastal Communities (AVICC) is the longest established area association under the umbrella of the Union of BC Municipalities (UBCM). The area association was established in 1950. It now has a membership of 53 municipalities and regional districts that stretches from the North Coast Regional District down to the tip of Vancouver Island and includes Powell River, the Sunshine Coast, the Central Coast and the North Coast. The Association deals with issues and concerns that affect large urban areas to small rural communities.“

Below I reproduce the text of my speech.

Text of Speech

I am delighted to be here this morning with all of you – and I think we share an essential trait as politicians, even if we are not always aligned in policy or vision.

Each of you, I expect, can identify the issue or the passion that motivated you to run for local government. It may have been an environmental issue, as it was for my colleague Sonia Furstenau, or it may have been a desire to see a project in your community to move forward.

And it is passionate leadership at the local government level that sees so much positive change come forward in our province.

Look at the Town of Gibsons – the first in North America to pass a natural asset management policy, showing extraordinary leadership in recognizing the indisputable logic of including natural assets in financial planning.

In Cowichan there is the Cowichan Watershed Board, laying the foundation for watershed co-governance with First Nations, and taking tangible, necessary steps toward reconciliation in the process.

Recognizing that healthy and happy communities – as Charles Montgomery so eloquently points out – have social connection and collaboration in their fibre, Oceanside and Mt. Waddington’s Health Networks are models for bringing people together to create long-term positive health outcomes.

It was my own commitment to action on climate that motivated me to run for MLA in 2013, after I had seen our province go from a climate leader under Gordon Campbell to a climate laggard under Christy Clark.

As a climate scientist, I had long encouraged my students to engage with decision makers – or become decision-makers themselves – if they wanted to see politicians take action on climate. I realized that I too had a responsibility to participate in the building of political will to act on climate – not as a voice of doom, but as a voice for the extraordinary possibility and opportunities that lie before us in this challenging time.

So much of the conversation around climate and the transition away from a fossil-fuel economy is backward-looking, focusing on the economy of the 20th-century.

Look at the hysteria and rhetoric around the kinder morgan expansion – the shocking doubling-down on a pipeline that would export heavy oil – diluted bitumen – out of Vancouver. In every way, this is the wrong direction for our economy, our environment, our relationship with First Nations, and our climate.

Now take the potential that lies in new technology and innovation. Shell has recently announced that it has the technology to extract vanadium from bitumen, and use the vanadium to build steel that can be used to manufacture battery cells that have the capacity to store energy.

Consider that potential! Rather than dumping yet another raw resource as quickly as we can into foreign markets that reap the rewards of jobs and revenue as they process it into a usable and far more valuable commodity, we could be looking at using this resource to develop and support steel manufacturing, innovative energy storage technology, and the renewable energy sector.

We could massively increase the return to our citizens and our economy, and we could be actively building the future energy systems that will sustain our children and grandchildren.

We sell ourselves short by looking backwards – when transformation and innovation are happening more and more rapidly, it is the worst possible time for us as a province or a nation to double down on the ever decreasing returns in a race to the bottom of early 20th-century economics.

And it’s smaller communities – like the ones that many of you represent – that could benefit immensely from the emerging economy that’s rooted in education and driven by innovation and technology.

Consider the potential of Terrace as a centre for manufacturing – we as a province should be reaching out to Elon Musk and encouraging him to see the potential benefits of a Tesla plant or battery manufacturing plant in Terrace, where shipments to Asia are easily accessible through Prince Rupert’s port, and shipments to Chicago are at the end of a rail line that runs straight through Terrace.

Here on the island, Victoria has already earned the moniker “Techtoria” – and the Cowichan Valley is situated perfectly to be the next destination region for an industry that is growing by leaps and bounds.

BC’s own digital technology supercluster was recently awarded $1.4 billion in federal funding – an investment that is expected to produce 50,000 jobs and add $15 billion to BC’s economy over the next ten years.

And the work being done will make the lives of British Columbians better – including creating a health and genetic platform that will allow medical specialists to create custom, leading-edge cancer treatments that are personalized to the unique genetic makeup of each patient.

This work – hi-tech innovation, research, education – this work can happen anywhere in our increasingly connected world. It’s the connectivity highways that we should be investing in – these will allow all communities to reap the rewards of the 21st-century economy.
At a reception for the BC Tech Association last week, I met Stacie Wallin. Her job is to nurture tech companies that have hit the 1 million dollar level in revenue to scale up to the 25 million dollar level.

And she is so busy that she has nearly a dozen people working with her to keep up with the work that’s coming her way. When pipelines and LNG plants crowd out our conversations about BC’s and Canada’s economy, we miss what’s actually happening – the exciting, innovative, emerging economy that is reshaping our communities.

And there’s so much more. The film industry, tourism, education, professional services, value-added forestry, innovation in mining, renewable energy – our potential in this beautiful province is as boundless as our stunning scenery – and squandering time and energy to prop up sunset industries is the wrong place to be putting our precious efforts and money.
And if governments double down on 20th-century carbon-based economics, it’s your communities that feel the impacts and pay the prices.

Floods, droughts, wildfires, damage from increasingly punishing storms, sea level rise & storm sureges – all of these cost your communities, and your citizens, more and more money.

Communities are hit with the costs of building infrastructure to prevent flooding during the melt season, at the same time as having to determine how to deal with depleted aquifers that won’t be able to sustain the residents who depend on them for drinking water, and another drought this summer will once again put Vancouver Island at severe risk for wildfires.

The impacts of climate change will continue to put severe pressures on all our communities – which is why it’s utterly irresponsible for our provincial government to be considering a 6 billion dollar subsidy of the LNG industry – including letting LNG Canada off the hook for paying their fair share of carbon pricing.

Consider that fact alone – that the potential single greatest emitter of greenhouse gases in BC would only ever have to pay $30/tonne for its carbon pollution, while the rest of us, including industry, will see carbon pricing rise by $5/tonne each year.

This is an unacceptable logic, and one that we can’t possibly support – and I urge you, as the elected representatives who will be seeing the costs and consequences of climate change in your communities – I urge you to also encourage this government to recognize that giving massive tax breaks to the LNG industry because it isn’t economically viable is not the direction BC should be heading right now.

Consider an alternative. Why not invest in the Squamish Clean Technology Association (SCTA) created to seek out leading edge ventures that will help create an innovation hub focused on clean energy. We could attract the best and brightest minds to come to BC to figure out how to harness the renewable energy that abounds in our province while encouraging the innovation that our world needs most right now.

In response to a question from the audience on Friday about how to get municipal staff to think beyond their standard frames of reference, I understand that Charles Montgomery pointed to new models for civic design, and suggested that politicians may need to “drag them kicking and screaming” into the 21st century.

This also applies to many of our provincial and federal representatives, who may say that they recognize our need to transition to the new economy, but then try to convince us that the way to reduce greenhouse gas emissions … is to increase greenhouse gas emissions.

Doubling down with doublespeak – let’s not let this become a new Canadian tradition.

We need our provincial and federal politics to reflect the best of what we see at the local government level.
Informed discussion and debate, listening to people who present differing opinions, allowing for compromise as a path forward, working from a place of shared values and finding solutions that best reflect those values.

And while it may not always feel this way at your council and board tables, the reality is that your level of government is one that is generally far less driven by partisanship and ideology.

We have an extraordinary opportunity to bring our electoral system into the 21st century in BC with the referendum that is happening this fall. And while there will be many discussions on both sides of this debate over the next several months, it’s essential to begin with what are we trying to solve with electoral reform in BC.

Currently, under First Past the Post, elections are geared towards a “winner take all” outcome. And that winner almost never has the support of the majority of the voters.

40% is often the magic number.

40% of the popular vote in BC can generally deliver to one party a majority of seats in the legislature, and 100% of the power for 4 years.

Informed discussion and debate, listening to differing opinions, compromise, collaboration, finding common ground based on shared values – that’s completely unnecessary when your party has enough votes to ram through any legislation and any agenda you like.

Compare this to almost any other human endeavour, where collaboration, cooperation, and respect deliver the outcomes that have moved us forward throughout history.

Yes – let’s compete to bring forward the best ideas, the boldest visions – but let’s not make competition the only value that underpins politics.

Charles Montgomery points out that the infrastructure of our cities and our communities can be a source for unhappiness, through creating mistrust, a sense of disconnect, and a lack of sociability.

It seems that our political infrastructure – and in particular a first past the post system that delivers 100% of the power with a minority of the votes – can also create mistrust, lack of sociability, and unhappiness. In our winner take all system, inflicting knock out blows to the other side becomes a normal part of our politics – but how much does this damage our governance?
How many good ideas, brought forward by opposition MLAs or MPs have died sad deaths on the order papers under a majority government that can’t be seen to work across party lines?

Electoral reform – particularly electoral reform that would bring in a form of proportional representation – would deliver more minority governments to BC.

And some may try to convince you that’s a terrible thing – but I ask, is working across party lines a terrible thing? Is collaboration on policies and legislation a terrible thing? Is having more minds engaged on solving problems a terrible thing?
Or could this change in our electoral infrastructure actually bring us politics that contribute to more sociability – the one factor that Charles Montgomery said was paramount to our happiness.

Premier Horgan mentioned in his address that there has been conflict between our two parties.

There has indeed – and the media will always focus on these points of tension – but if you look at how much legislation was passed in the fall, how many initiatives have moved forward over the past nine months and then consider the ratio of collaboration to conflict, you’ll recognize that – much like at your own council tables – when you work from a place of shared values, it’s possible to almost always find a path forward.

Our current electoral model has its origins in the Middle Ages, and it has undergone significant change over the centuries.
It was only 100 years ago that women were given the right to vote in BC, and as we discuss and debate extending that right to 16 and 17 year olds, let us remember that the world around us changes continuously, and it’s up to us to ensure our institutions – particularly our democratic institutions – adapt to meet the needs of our society.

Happy cities, happy communities, happy politics. Let’s dream big.

Thank you.

Yesterday I had the distinct honour of addressing delegates at the British Columbia Wildlife Federation (BCWF) Annual General Meeting & Convention in Kamloops. Below I reproduce the text of my speech.

Prior to my speech, I offered a brief explanation of what motivated me to get into politics. I then spent a few minutes discussing our Confidence and Supply Agreement with the BC NDP and our role as an opposition party.

Text of Speech

At the time of European contact, wildlife were so abundant in British Columbia that early explorers marveled at the richness of the land.

But, by the late 1800’s wildlife losses were so widespread, the public began demanding an end to the free-for-all.

In 1859 the first ordinances “providing for the protection of game” were passed in B.C.

In 1905 the government organized wildlife management, establishing the Department for the Protection of Game and Forests, although it didn’t get funding until 1908.

The annual budget: $10,000.

In 1933 Aldo Leopold, an American conservationist and writer, published Game Management, a book that has been credited with creating the discipline of wildlife management through the application of scientific principles. Indeed, his work planted the seeds of what would eventually become the North American Model of Wildlife Conservation.

One of the key tenets of the model, which is now widely applied across the continent, is that science – not the dictates of special interest groups – should guide wildlife policy.

I have dedicated my carreer to understanding our world and its problems through science and have been surprised at how difficult it is to convince governments to consistently follow scientific reasoning. While the concept of science-based wildlife management has generally been endorsed in B.C. it has not always been applied.

There have been some successes. But its selective use has led to more disasters.

Many wildlife populations are in jeopardy today. Mountain caribou are facing extirpation, wild salmon – a foundation species – are in shocking decline, spotted owls are virtually extinct, and moose populations, which many families rely on for sustenance, are in trouble across the province.

What we find in almost all of these instances is that there has been inadequate science, particularly concerning cumulative impacts, and that an unacceptable loss of vital habitat has occurred.

The management of wildlife, and the application, or not, of scientific principles, continues to stir great controversy and emotional debate in B.C. Understandably so.

Wildlife management conflicts in which species are pitted against one another are truly challenging, but I have always maintained that humans – elected representatives in particular – have a moral obligation to prevent endangered species from going extinct.

Often, extreme situations are created because government has failed to act. They are typically situations that – for a variety of industrial, social, or budgeting excuses – have been allowed to escalate far past a point of simpler intervention.

When you start rationalizing culling one species to protect another you also introduce an ethical element that needs to be considered alongside scientific findings. Let one – or both – of those species become threatened or endangered and your situation becomes immensely worse.

Some say that humans should not interfere with nature, but sadly, intervention is sometimes necessary. Simply put, many ecosystems have been altered so drastically that we can no longer just stand by and let nature take its course.

If we don’t continue to intervene with the mountain caribou crisis we are currently facing, for example, it will not be long before the remaining herds in the South Selkirk and Peace regions are extirpated.

Predator control, hunting closures, and restrictions that stop industries from undertaking resource developments are all difficult matters for governments to deal with.

But things aren’t going to get easier. The management of wildlife is becoming increasingly complex and fraught with risk.

Habitat loss is mounting.

The human population is growing.

Roads and pipelines have been spreading into the farthest reaches of the province, and researchers have discovered how such developments increase predation, shift wildlife distribution, and impact abundance.

Wolves, as many of you know, use road and pipeline clearings to get a good line of sight on caribou, expanding into new territory to more efficiently track down their prey.

Increased road densities and human activity in wilderness areas elevates human-caused mortality of grizzly bears and reduces the number of bears in the area, scientists at the University of Alberta have recently found.

I believe some of those scientists are here today – thank you for your work!

In a paper recently published in the journal Conservation Biology, scientists wrote about threats to biodiversity from cumulative human impacts in B.C., “one of North America’s last wildlife frontiers.”

“Land-use change is the largest proximate threat to biodiversity yet remains one of the most complex to manage,” they wrote.

“For ecosystems, we found that bunchgrass, coastal Douglas fir, and ponderosa pine have been subjected to over 50% land-use conversion, and over 85% of their spatial extent has undergone either direct or estimated indirect impacts.”

Adding to all these other stressors now is climate change. The full implications aren’t yet clear, but we cannot situate our wildlife strategies in the past. Our environment is changing and will continue to do so.

Government must be prudent and precautionary as we manage our changing landscape as the planet warms. The timing and abundance of food availability, for instance, will shift for some plants and animals. Species reliant on their stability will need space and additional resources if they are to adapt.

In many respects, Northern BC, the Interior, and the people who live off those lands are on the frontier of climate change. You will be the first to feel the effects of climate change.

You are the ones fighting forest fires and flooding.

You are the boots on the ground when government is slow to act.

A few years ago, with concerns growing about how B.C. was managing wildlife in the face of growing pressures, the Liberal B.C. government assigned an MLA to do a comprehensive review of its policies.

“There has never been a time in British Columbia’s history where balancing the cumulative impact of resource development and biodiversity has been so complex.” Liberal MLA Mike Morris wrote in his 2015 report, Getting the Balance Right: Improving Wildlife Habitat Management in British Columbia.

“There is an urgency and heightened concern amongst resident hunters, guide outfitters, trappers, the wildlife viewing industry and conservationists that the province is not acting quickly enough to address the decrease in wildlife populations and the degradation of wildlife habitat,” Morris wrote.

He called for more wildlife management staff and “better planning, better science and more timely and effective implementation of policies and programs.”

But the government never delivered.

“B.C. balks at changing law to protect wildlife and biodiversity” said The Vancouver Sun headline at the time.

“The B.C. government will not be changing laws or considering hiring more staff as recommended in a report by one of its own MLAs on how to protect wildlife and biodiversity from the effects of resource industries,” the story said.

For far too long government has shortchanged wildlife management in B.C.

It’s fine for Ministers to say they support science-based decisions – but where is the science? Where are the field researchers? Where are the basic boots on the ground that are needed to keep a close watch on our wildlife populations and habitat? I’d say many of them are in this room.

The necessary funding just isn’t there.

B.C. ranks behind its neighbours in the northwest when it comes to investment in wildlife management. Alberta, Washington, Montana, Oregon, Idaho, Utah – all spend more on managing less.

The shameful underfunding of wildlife management has taken place under successive Liberal regimes. Now we have a new NDP government, but it has yet to show if it will embrace – and fund – science-based management.

So far, things aren’t looking great. Recently, as you are all keenly aware, the government has struggled with its policy on grizzly hunting. The BC NDP campaigned on “banning the grizzly bear trophy hunt” without defining what that is or was. They came up with an initial cockamany idea of requiring people to surrender the head and coat and pack out the meat. Then they decided to ban all grizzly hunting.

I stood alone in the legislature for three years trying to get emotion out of the discussion of wildlife management but the Liberals and NDP wouldn’t budge from their divisive positions.

There is no doubt that the decision to ban the hunt was purely populist and was not informed by science. Unfortunately, by ignoring public opinion for so long, pent up opposition became overwhelming and rational discussion was thrown under the bus.

Government let that discord fester for so long – often putting people in this room in a challenging position, I would imagine – that it was really hard to find an appropriate balance between science and representing the views of people in my riding.

I am really worried that this populist approach to wildlife management will continue. I don’t think it serves anyone.

Not the people in this room, certainly, but I don’t think it serves the people advocating for it either, because it rarely helps protect animals in the long term.

To be blunt, I am willing to go out on a limb and suggest that the number of grizzlies that are shot on an annual basis will barely remain unchanged (after an initial short term drop). Conservation officer grizzly mortalities will go up as these officers deal with problem bears (as in the US); poaching will go up too.

B.C. is Canada’s most ecologically diverse province but if we are to maintain that rich biodiversity, we need to see a serious commitment to science-based, evidence-based wildlife management – and we need to have dedicated wildlife funding put in place, so managers have the budgets, and the staff, required to do the job.

As the Select Standing Committee on Finance and Government Services recommended in its Report on the Budget 2017 Consultations, license fees collected from natural resource users (hunters, anglers, ecotourists, etc.) should be directed into conservation and wildlife management services, rehabilitation, enforcement and education.

Effective natural resource management is reliant on funding, science, and social support. We seem to have consensus on this within the B.C. government, but it needs to be put into action.

Prior to the election, I campaigned on establishing a Natural Resource Commissioner who could lead a Natural Resources Board responsible for establishing sustainable harvest and extraction levels and reporting on the state of B.C.’s environment and natural assets. The NRB, I proposed, would conduct cumulative impact assessments, and oversee the application of the professional reliance model.

Since the election, the government has been working with us to improve the professional reliance model and B.C.’s environmental assessment process.

There is much we can do to advance the values of scientific monitoring, reporting, and cumulative assessment.

Managing wildlife has always been difficult, but never more so than now, in the face of climate change. According to data released by scientists at NASA, 2017 was the second warmest year since record-keeping began in 1880, second only to 2016. And Arctic sea ice is at record lows.

In the face of great challenges, it is clear to me that we need a comprehensive science- and ecosystem-based approach to wildlife management. We simply cannot continue to perpetuate the slow, methodical extirpation of native species in B.C.

Ecosystem-based management calls for natural resources, habitat, and species to be managed collectively, over a long time frame, rather than just looking at a single sector or single species.

Cumulative impacts are assessed – an approach which B.C. urgently must follow because of the sweep of industrial development now taking place in many sectors of the province.

Given the myriad challenges facing wildlife in our province, two of the most important things we can do to protect biodiversity is to leave key habitat areas intact and restore and improve funding to conservation, monitoring and scientific management efforts.

As British Columbia continues to warm and precipitation patterns continue to change,

as flooding and drought becomes more frequent and extreme,

as out of control wildfires become more common and more damaging,

as pest infestations become more diverse

and as between 20 and 30% of the world’s plants and animals becoming at risk of extinction by mid century,

we have a responsibility to take steps now.

It won’t be easy. But proactively protecting ecosystems to improve resiliency and adaptive capacity to the changes a warming climate will bring is vital.

And the continued good work of the BCWF will play a critical role in these conservation efforts.

Thank you.

Today in the legislature we debated Bill 6 – Employment Standards Amendment Act, 2018 at committee stage. As I mentioned earlier, this bill provides new, extended and more flexible maternity, parental and compassionate care leave provisions that would meet or beat standards set across Canada.

As stated in the BC Government news release issued with the introduction of the bill, it:

“will provide up to 104 weeks if a worker’s child under 19 years of age dies under any circumstances — a significant addition to the three days of unpaid bereavement leave currently available.”

What was unclear to me is the extent to which the extended bereavement leave would be applicable in the tragic examples of still birth or late term miscarriage.

To seek clarification, I posed a couple of questions to the Minister of Labour during committee stage of the bill. He made it clear that the extensions do not apply to existing provisions already in the act. Nevertheless, I got the distinct sense that he was open to consider exploring this in the future.

Below I reproduce the text and video of our exchange.

Text of Exchange

A. Weaver: I have but one question, dealing with section 4. It’s with respect to 52(4) and the leave request in death of a child.

First off, please, let me commend government for bringing this forward. It’s overdue, and it’s well received. I do appreciate this legislation.

With that said, there are two aspects that I was wondering if the minister has had time to think about. Number 1 is stillbirths. The bereavement that a family can actually feel from a stillbirth is profound. The question is, does this legislation take into account stillbirths? Number 2 is late-term miscarriages. Again, knowing people who have suffered through late-term miscarriages, a child can be very recognizable, and funerals can happen, and bereavement is very, very real and long-lasting.

My question to the minister is: would this legislation cover compassionate leave for both cases — of stillbirth and late-term miscarriages — where bereavement leave is sought?

Hon. H. Bains: The stillbirth part of the leave we haven’t changed. It still is under the old act.

What we are dealing with through this act is a child born, dies or disappears. So 52 weeks — 104 weeks. But that part on stillbirth, we haven’t touched and we haven’t changed.

A. Weaver: Further to explore this then. Is there existing legislation that the minister can appeal to that would take into account a request for bereavement leave that falls under the term of late-term miscarriage. Again, let’s suppose a very sad and unfortunate event occurs, and at seven months, a miscarriage occurs.

Is there legislation that would allow the mother or the father or parents to actually seek bereavement leave using existing law — that is, that would be changed, like this, to have an extended period of time?

Or, with the case of stillbirth, it might be slightly different. I recognize that that might be covered by existing law. But if the minister could expand upon these for me, that would be helpful.

Hon. H. Bains: The existing act says this: an employee is entitled to up to six additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, she’s unable to return to work when her leave ends under subsection 1 or 2.

So there are certain coverages under the current act. But what we were talking about this new act of child death or child disappearance, we weren’t dealing with stillbirth or termination.

A. Weaver: I do appreciate that, and I thank the minister for bringing that forth. As we move forward, I recognize — and I hope the minister and the ministry recognize — that this is an issue that I think, frankly, should be treated similarly, that of stillbirths and late-term miscarriages. They are very real children and very real bereavement that occurs. If a baby were born and were to die one day after birth, then that baby would be subject to a different length of period of time than a baby who happened to be born within a stillbirth.

Maybe, as we move forward, the ministry might think about exploring this because I know many personal cases, and I’m sure members here also know personal cases, where the very real bereavement and unpaid leave is taken but protection for that is important.

Hon. H. Bains: Member, thank you very much for your point — well-taken.

As you know, these are the changes, as I said earlier, that are to match the EI benefits changes that the federal government brought in. There are parents that can take advantage for the period that they are entitled to the EI benefits.

But I must tell you that I’m working to look at the larger piece of the Employment Standards Act. There are a number of consultation pieces going on. B.C. Law Institute is one of them that is doing it. They will looking at a number of different areas to bring our employment standards and employment laws to the modern days and the changing world of today.

I think you can expect that we will be talking to you a lot more and others to make sure that we bring those laws up to date.

Video of Exchange

Yesterday in the BC Legislature we debated Bill 6 – Employment Standards Amendment Act, 2018 at second reading. This bill provides new, extended and more flexible maternity, parental and compassionate care leave provisions that would meet or beat standards set across Canada.

Below is the text and video of my short speech.

Text of Speech

A. Weaver: I, too, rise in support of Bill 6, Employment Standards Amendment Act, which makes a number of substantive amendments to the existing Employment Standards Act — in particular, with respect to issues of compassionate leave, paternity leave, maternity leave, family leave, as well as matching these with federal legislation that was passed late last year, in November, I believe it was.

In fact, one of the things that happens, as this bill is being debated and discussed, is that we’re proposing here to mirror the federal legislation, which essentially extends employment insurance benefits to those with newly adopted children or parents of newborns from 12 months to an extended 18 months. They’re allowed to have their EI benefits.

B.C., by passing this legislation, would ensure that not only federal employees that are subject exclusively to the federal legislation but also in British Columbia, here, we would be protected both for job security and be eligible to be part of this extended EI. It doesn’t actually give people more money. It allows families to determine if they wish to take the amount of money that would be spent and just distribute it over a longer period.

Some have actually criticized the federal legislation, which we’re proposing to adopt here, by arguing that it is not doing enough to actually support new families by not providing additional resources. Nevertheless, I would argue that’s an EI issue and a federal issue and not one in the purview of our jurisdiction here. So I think it’s important that we actually do follow the federal lead in this area.

One of the most important changes, of course, in this legislation is the additions that are truly provincial with respect to extending the amount of leave that is eligible for those whose child, most unfortunately, happened to be taken away in an incident. My colleague and friend, the Minister of Education and the MLA for Victoria–Swan Lake knows the Dunahee case here, a very famous case here in Victoria. And I’m sure such leave…. I can only imagine the hurt that the parents of Michael went through and continue to go through. But were such leave available to them at the time, I think it would have been very beneficial. Hopefully, nobody needs to claim this benefit. I’m sure that’s the hope of all of those in this House, but it’s critical that it be there for those who do need it.

The amendments to compassionate care leave are triple the length of the leave, from eight to 27 weeks — again, a very important addition.

In terms of the other issue…. Heaven forbid. I can only imagine the loss of a child, and it would be something that would be devastating to any family. To give extended leave, protected leave, job security on that leave, over an extended period of time to parents whose child under the age of 19 were to be tragically lost is the sign of a government that recognizes the importance of putting families first, of being there for families to support them in their times of greatest need.

I applaud government and, in particular, the minister who brought this piece of legislation forward.

Other highlights within this piece of legislation, of course, are that maternity leave can start two weeks earlier, 13 weeks prior to the due date rather than 11 weeks, and that it can go longer after birth, where the employee requests leave after birth, from 17 weeks rather than six weeks. It also increases leave from 37 weeks to 62 weeks for adoptive parents and allows that leave to start no later than 78 weeks after the child is born, instead of no later than 52 weeks after the child is placed with the parents.

There are many, many reasons why this bill, I’m sure, will be passed and wholeheartedly supported by all sides of this House. The fact that it doubles unpaid leave time is important. It doesn’t address the financial barriers, the affordability issue for parents who have to spread out the benefits over a longer period of time, and I look forward to the government continuing to develop and implement its strategy to deal with the affordability crisis here in B.C.

I’m not sure whether this bill actually has provisions to deal with stillbirths or miscarriages. I would seek to ask the minister, during committee stage, whether, in fact, the bill, as constructed, does recognize stillbirths or late-term miscarriages as grounds for leave, based on the fact that death of child might be considered there, where, here, the child was born, in the case of a stillbirth, sadly, dead on birth or, in a late-term miscarriage, sadly.

I mean, we all know people who have had a traumatic effect on their lives, and perhaps government might be open to thinking about that over the coming days — about whether (a) this is dealt with in the legislation or (b) if, in fact, changes need to be amended or added to account for that.

With that, I have spoken with my colleague from Saanich North and the Islands and also my colleague from Cowichan Valley, neither of whom will speak to this bill. We collectively support this bill and look forward to bringing it forward in legislation.

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