Provisions in the controversial law restricting third-party spending on political advertising in provincial elections were struck down this afternoon by the Supreme Court of British Columbia.
Bill 42 was ruled to be a constitutional violation of free speech rights. The full written decision is expected to be released Monday.
The legislation restricted third-party spending to no more than $3000 in one electoral district and $150,000 province-wide.
The unions involved in bringing the case to the Supreme Court included the British Columbia Teachers' Federation and the British Columbia Nurses' Union.
“It’s a victory for free speech,” Irene Lanzinger, president of the BCTF told The Hook.
“We felt very strongly that the Liberals were attempting to restrict our right to free speech before the election,” she said.
Joseph Arvay, one of the lawyers who argued the case was thrilled with the decision.
“We got everything we wanted. It's a complete win,” said Arvay.
“Bill 42 is a bad law and the court says so.”
The Canadian Office & Professional Employees union (COPE 378) applauded the decision. The organization had started the MoveForwardBC website to cut costs on advertising to abide by Bill 42.
“We felt from the very beginning the law was put in place to silence the unions and silence the opposition to the government,” said Lori Mayhew, secretary treasurer of COPE 378.
“This ruling really just confirms that.”
The BC Civil Liberties Association supported the ruling and accused the government of being "calculated," in its timing of the law "to limit the ability of citizens to bring the matter to court," said Robert Holmes, the organization's president in press release.
The BCNDP have also expressed their satisfaction with the decision.
"I think it’s a victory for the people of BC over an arrogant government,” said Mike Farnworth, the party's opposition house leader.
“I don’t think it will have much effect on this election but in the future, what it says, is this government went way too far when trying to control and stifle debate."
Attorney General Wally Oppal will not be commenting on the decision until after he has reviewed the written decision expected Monday, said Shawn Robins, communications director for the Attorney General's office.
“He’ll determine at that time . . . what the implications are and what avenues are available,” he said.
Morgan J. Modjeski reports for The Hook
10
Login or register to post comments
Campbellwearsatutu
2 years ago
Fantastic
Again Wally Oppal has failed,again Campbell has failed,let the voices be heard.
DPL
2 years ago
First time in a long time
First time in a long time that StoneWally didn't say"I can't comment, it's before the courts" The Gordo and company guys sure spend a lot of our money in assorted courtcases. someone might add up the totals sometime, starting with the time he broke a contract with HEU. That little item cost us all a ton of money
realisticman
2 years ago
A Good Day
...for the the advertising and media industry. Good job those unions have lots of money to spend. Keep those union dues coming. Let's get it rolling.
DJT
2 years ago
"Good job those unions have
"Good job those unions have lots of money to spend".
And don't forget about all of Campbell's corporate buddies like Hochstein, now!
crh
2 years ago
it must be so frustrating
for our dictator Campbell not to be able to be true to himself. Wanting to stifle the public voice, funnel all monies into the hands of big biz, control everything and not need to answer to anyone may have taken a toll on his state of health and mind. I'm surprised we don't have his portrait painted on the side of buildings in our cities and towns all over BC 'the most corrupt place on earth'.
Yup, I'm angry alright...
Van Isle
2 years ago
If anybody who could have
If anybody who could have seen this ruling happening it would have been a former judge. Now the question has to be asked; "Mr. Former Judge and Attorney General, why oh why would ever push thru Bill 42?
Campbellwearsatutu
2 years ago
Wally Oppal
Stated that the goverment is considering applying for a stay of proceedings until a appeal is heard thus nullifying the ruling.And will the goverment speed through another bill through closure this week in the legislature.
If any of these speedy things are done to fast track the courts will be shocking,shocking on the level of goverment power and zeal,if the goverment makes the court and legislature fast dance makes one wonder about the snails pace of the BC Rail hearings and lobbyist registration which has been stalled!
And of course Wally Oppal made the statement yesterday that "no one has a absolute right of freedom of speech"?
And the timing of this ruling was beautiful--The Canada line ride got washed away and Gordon Campbell`s nomination party last night got interupted with a barrage of legal questions-lol.....
Campbell lately has had the (deer in the headlights look about him)
I can`t wait for the look of "shock and awe" on Campbell`s face come the evening of May 12th.
frenchy mcswede
2 years ago
Good point campbell wears a tutu,
as long as they're not the target, the campbell govenment can move quickly on legal matters. Campbell's constant contempt for the rule of law, for contracts etc is in every way, highly reminiscent of the g. dubya bush administration, which like campbell and oppal politicized the attorney general's office, a crime for which bush' attorney general, albert gonzales may yet stand trial. Watch for campbell to, like bush, pass a lot of last minute laws when he's likely defeated in may. Campbell claims to admire barack obama, but his real hero is obviously bush.
morechatter
2 years ago
O Canada
I stand on guard for thee
Its a proud day to be Canadian and see the courts adhere to the laws of the Land.
morechatter
2 years ago
And Realistman
Don't be so grumpy we already have one of those.