The B.C. Liberals tabled legislation Tuesday to try to soften Bill 42 (Election Amendment Act 2008) that has been condemned by many for limiting free speech and the length of time election spending is regulated during set date elections.
The original legislation prevented unions, business and other third parties from spending more than $150,000 on advertising during the five months leading to voting day.
But Attorney General Wally Oppal tabled amendments that shorten the time period that will limit spending by political parties, candidates and third parties and will lower the amount political parties can spend in the pre-writ period. The time period limiting third-party advertising spending will be cut from 120 to 60 days prior to the start of the campaign, plus the 28-day campaign period itself, while the time limits regulating spending for political parties and candidates will also be cut in half from 120 to 60 days prior to the writ being dropped. Although there will be no changes in the amount third parties and candidates can spend within those time limits, the amendments will reduce the amount political parties can spend in the pre-writ period from $2.2 to $1.1 million. This change is aimed at reducing the gap between what political parties can spend and what third parties are able to spend.
"With these two changes, the government is balancing concerns that have been raised about Bill 42 with the need to ensure fair elections for all and to ensure everyone's voice is heard," said Oppal in a news release. "The limits are consistent with the principles articulated by the Supreme Court of Canada that are aimed at ensuring the voice of any citizen is not drowned out by those who have the resources to engage in expensive election campaigns. We saw in the last election third parties spending millions of dollars leading up to the election and at least $3 million more during the campaign period itself. These changes are aimed at preventing our system from drifting towards an American-style election system that demands expensive advertising campaigns in order to effectively engage in democratic discourse."
But the official opposition isn't sharing Oppal's optimism about the new legislation and are calling the Bill "unconstitutional."
"It's unconstitutional and the Liberal government knows it," said NDP Sunshine Coast-Powell River MLA Nicholas Simons. "They say they reacted to public opinion, but they're making it up as they go along. The gag law is three times longer than it used to be. They want to silence citizens. Instead of a gag order they should get big money out of elections, as suggested by the Opposition.
"The government talks about not doing any non-essential advertising before the election. My question is why is the government ever spending money on non-essential advertising?"
The B.C. Civil Liberties Asso-ciation (BCCLA) is also giving a failing grade to the amendments.
"The Liberal government's tinkering does nothing to make this legislation less repugnant," said BCCLA president Rob Holmes. "We are also concerned about the timing of this bill. Either the Liberals have deliberately waited to introduce the bill just before the next election to tie the hands of third parties in the next election, or they have acted prematurely without adequate deliberation. Either way, this bill is a dark mark on the government and demonstrates a profound disrespect for the democratic process."
