The Association is opposing the provincial government's proposals to roll back access to information laws by making exemptions for government contracts. Profound changes to access laws are lumped in with other "miscellaneous amendments" in Bill 30. The bill provides what could be a fairly sweeping right of secrecy about a whole range of government dealings with the private sector.

This is a growing field as the government steadily increases public sector outsourcing. The proposal to exempt these kinds of relationships from access to information have been rejected twice by all-party Special Committees of the Legislature and are now being quietly introduced without justification or rationale. In addition to the BCCLA, the bill is being opposed by the Freedom of Information and Privacy Association and the Information and Privacy Commissioner for British Columbia.

BCCLA media release
Commissioner Loukidelis's letter on Bill 30

The BCCLA is opposing the provincial government's proposal to assert more control over public inquiries. Bill 23 amends the Public Inquiry Act so that the reports from public inquiries are to be released to the relevant minister rather than to the legislative assembly. The bill also provides that cabinet will decide if and when the report will be released to the public and allows government to terminate a public inquiry or change its terms of reference at any time before a commission issues its final report. In limiting the transparency of public inquiries, the act thwarts independent oversight and government accountability.

Bill 23
Our joint press release with the BC Freedom of Informaiton and Privacy Association

As part of our efforts to invigorate the BCCLA's standing committee structure, a new policing committee has been formed with responsibilities for research and advocacy on all policing related matters. With the expertise of members such as new BCCLA Board member Shirley Heafey who is the past Chair of the Commission for Public Complaints Against the RCMP, the committee will have responsibilities for law reform issues such as review of police complaint legislation for both the RCMP and municipal police as well as specific issues such as strip searches, tasers, police board work and many other matters.

The BCCLA continues to assist current or prospective police complainants with information and advice. See the BCCLA's brochure for more information about making a complaint.

Security Certificate Challenge

The BCCLA has been busy on the litigation front in the past month. The Association is seeking intervenor status in three cases before the Supreme Court of Canada to be heard together that challenge the security certificate provisions of the Immigration and Refugee Protection Act. The Association has advocated for substantial reform to these provisions which currently permit secret trials and deportation to countries that practice torture, without basic due process. BCCLA President Jason Gratl and Board member Greg DelBigio are representing the Association.

Abortion Bubble Zones Appeal

In addition, the BCCLA has applied to intervene in R. v. Spratt and R. v. Watson, two cases being heard simultaneously at the BC Court of Appeal which will assess the constitutionality of prohibitions on protest around abortion clinics. The Association's position is that though there may be cases in which a bubble zone is appropriate to protect the privacy of patients and service providers as well as women's reproductive freedom, the current process is deficient in that there is neither sufficient transparency nor accountability when the government creates a bubble zone. Mark Andrews, Q.C. of Fasken Martineau DuMoulin represents the BCCLA.

Interpretation of "Sexual Orientation"

The Association has been granted intervenor status in Hayes v. Barker and Vancouver Police Department, a judicial review of a BC Human Rights Tribunal decision. The Tribunal found that Mr. Hayes' complaint that he was discriminated against on the basis of a minority sexual practice (BDSM) could fall within the protections of the Human Rights Code's prohibitions on discrimination on the basis of "sexual orientation". He was thus entitled to a full hearing by the Tribunal. The BCCLA will argue that the Tribunal was correct. BCCLA Past President Craig Jones of Bull Housser Tupper is acting for the Association with articling student Grace Pastine.

Political Advertising on Transit

Finally, the BCCLA will be seeking intervenor status before the BC Court of Appeal in the TransLink case. The BC Supreme Court recently ruled that though TransLink and BC Transit are subject to the Charter of Rights and Freedoms, and though their policies prohibiting political advertising on the sides of buses and SkyTrain is not justifiable, there is no violation of free speech in the case because buses have not historically been used for political advertising. Chris Sanderson, Q.C. of Lawson Lundell will continue to represent the Association.

Call the BCCLA office to book a BCCLA speaker today! Sex, drugs or reform of assisted suicide laws; no topic is off limits for the BCCLA as long as it involves civil liberties and freedom. Call us at 604-687-2919 or e-mail us at info@bccla.org.

Civil Liberties Update is a summary of some of the B.C. Civil Liberties Association's recent work.
The Association publishes a newsletter, The Democratic Commitment, an annual report and posts its positions, submissions, legal arguments and news releases at www.bccla.org.

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