British Columbia's election gag law stifles democratic debate

Severe limits imposed on groups that seek to raise important issues in advance of 2009 provincial vote

Vancouver (16 Oct. 2008) - The British Columbia Government and Service Employees' Union (BCGEU/NUPGE) is among a group of unions taking the Campbell Liberal government to court to fight a controversial gag law.

Earlier this year, Bill 42 was introduced. It imposes strict limits on public interest advertising and other communications in the months preceding the next provincial election in May 2009.

The law limits spending on communication about public policy issues for three months before the election. Public advocacy groups like BCGEU will have their ability to print materials or buy advertising limited to $3,000 per constituency, or $150,000 in total. Fines for violating the law can run to millions of dollars.

The law means, for example that, BCGEU will face severe financial restrictions in raising important issues for public debate ? such as the need for a better childcare system for B.C., or for encouraging decision makers to reinvest in public services.

Likewise, promoting measures to address overcrowded corrections facilities could run afoul of the new law as could promoting expanded home support services, or better highways maintenance services.

In fact, there's not much that the new gag law doesn't cover. Leaflets, buttons, posters, bumper stickers, fridge magnets and even union bulletins to union members are all targeted.

The unions' legal suit charges that the law violates constitutionally-protected rights to freedom of expression by preventing groups from effectively communicating their positions on important public policy issues before and during an election campaign.

Against strong opposition from the NDP, the Campbell Liberals rammed the law through the legislature. The legal challenge was filed in B.C. Supreme Court in late July and is expected to be heard this fall. NUPGE