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Enough to make you Gag

Author: Maureen Bader 2008/06/01
"Shame on a government that will deny free speech and gag full participation of all British Columbians in our democratic processes."

That was Gordon Campbell March 26, 1997 -- in Opposition.

Fast forward eleven years and see the Campbell government introduce a law that will -- wait for it -- deny free speech and gag full participation of all British Columbians in our democratic process.

First this government re-introduced gold-plated MLA pensions they fought so loudly against in Opposition; now gag laws are back. Ever wonder why a cynical public says politicians can't be trusted

The NDP gag law Mr. Campbell harped so indignantly about in the 1990s severely restricted citizens and citizens' group advertising during the 28 day election campaign period. The new gag law, Bill 42, will limit advertising to $3,000 in a single district and $150,000 for this and an additional 60 days. This is a Hulk-sized gag law.

Gag laws restrict - and even prohibit - the right of citizens and citizens' groups from advertising during election campaigns. Failure to comply with such anti-democratic statism results in fines to a maximum of $5,000 or up to one year in jail.

The familiar argument - used by the NDP previously and now by the Liberals - is that "third-parties" shouldn't be able to "buy elections." Of course there's never any evidence; just conjecture. Before the 2005 election, a number of unions spent more than $2 million trying to take down the Liberals, while business spent $600,000 in support of the Liberals. The Liberals still won. Wow - imagine that, the little people are actually able to sort through the various advertising messages and make up their own minds.

Gag laws imposed by the federal government in 1984, 1994, by the B.C. government in 1996, and Quebec government in 1997 were all struck down by the courts as Charter violations against free speech. Unfortunately, Ottawa never gave up and in 2004 the Supreme Court of Canada ruled in Harper v. Canada that spending restrictions by citizens of $3,000 in each riding was acceptable.

But as is often the case; the courts giveth an inch and the politicians taketh a mile.

B.C.'s new gag law forbids "an advertising message that promotes or opposes, directly or indirectly, a registered political party or the election of a candidate, including an advertising message that takes a position on an issue with which a registered political party or candidate is associated."

Again, this is broader than anything that has been attempted previous. Previous gag laws only restricted citizen criticism of parties and candidates; now issues can't be discussed either. Perhaps we could dispense with elections next

If the Canadian Taxpayers Federation were to report on the government's misguided carbon tax, convention centre cost overruns, or the non-stop spending orgy that is the Olympics, it would have to conform to these spending limits. Meanwhile, the politicians and political parties can spend millions.

Because of its broader parameters this law will hopefully be challenged in court. Should that happen -- the Campbell government which was elected on the strictest of opposition to these kinds of statist interventions - will hand taxpayers the legal bills to defend a law that "gag[s]full participation of all British Columbians in our democratic processes." One is hard pressed to find words to describe its arrogance and hypocrisy.


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Federal Director at
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Federation

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