Pssst... come here, but we have to be quiet because it's possible that we're breaking the law.
On Feb. 13, Bill 42 (affectionately known as B.C.'s Gag Law) came into effect and placed limits on what we can say in our democracy. But don't worry, it's only elections that are impacted.
The law limits election advertising by any person or organization other than a political candidate, riding organization or party to $3,000 in a single electoral district and $150,000 province-wide for the 88 days before an election. That means that for the two months prior to the beginning of an election campaign - and through the campaign itself - no one, except for politicians, can engage in public discourse on government policy.
The Bill was introduced, in large part, in reaction to the effective campaign waged by labour unions during the last provincial election. During that election, the BC Teachers Federation spent $1.55 million on ads, the Hospital Employees Union spent $550,000 and the B.C. Nurses' Union $250,000.
Many analysts believe that this spending had an effect on the outcome of the election. Essentially, the information that the public learned through these campaigns changed the way they voted or motivated them to go out and vote at all. In B.C., the dissemination of information is, apparently, anti-democratic.
The purported intent of the law is to ensure that third parties do not unduly influence the way people vote. The government wants to ensure that its voice is the only one being heard. The problem, of course, is that this tactic gets rid of any real balance in debate, and undermines the very attributes of a free, open election process.
By its very nature the government is able to access media and promote its ideas: another campaign stop, another announcement, another ad in the form of a news report. So how does the "other side" ever get heard?
Although the BC Supreme Court declined a request from labour unions to suspend the legislation before the May election, the decision over the constitutionality of the legislation will have to be determined by the Supreme Court of Canada.
And if the courts don't defend freedom of expression rights, don't expect that this law will disappear if the NDP wins the vote. Bill 42 gives an enormous advantage to the governing party to control the message in the media. Although it was labour unions battling the law in court this year, you can be sure business organizations will want the law repealed once there is a government seen as anti-business.
Many groups already recognize this, and an unlikely menagerie of organizations has spoken out against the legislation. In addition to the unions, the B.C. Civil Liberties Association, B.C. Freedom of Information and Privacy Association and the Canadian Taxpayers Federation all expressed concerns about the bill.
It might be something to ask our MLA about during the upcoming election; but you better check and see if you're allowed to first.
