Goodbye Gag Law
Good riddance to Campbell's clamp down on free speech.
Protest ad by National Union of Public and Government Employees.
On Friday the Supreme Court shot down the Campbell government's "gag law" amendment to the B.C. Elections Act.
That's great news. But it's not clear the judgment comes in time to salvage free speech during this provincial election.
And for me, an important question remains.
Where has the news media been? It's been months since the BC Liberals passed their law and tried to get away with muffling democracy. But most of our journalists didn't seem to care much. By their lack of outrage, the media risked becoming an accessory to the crime of censorship.
Here's what the Bill 42 "gag law" has meant as I've attempted to exercise my right to express opposition to government policies in this province.
In my capacity as official spokesperson for the Save Our Rivers Society, I've been warned not to address the meetings of just one party or I will have lost my appearance of being independent. Think on that a moment -- my right to say what I damn well want is taken away unless I am, by someone else's opinion, "independent". Apparently I'm not appearing to be independent if I speak my own mind -- it's where I speak it that matters!
Implicit in this is that you people out there in voter land are so bluddy dumb that Rafe Mair, like some latter-day Pied Piper, can mesmerize you and take you to the polls where you'll vote as I wish you to.
The 'gag law's' targets
This "gag law" is an atrocious piece of legislation and it's aimed at people like me who take on one main issue, in my case the environment. It's trained on unions who may well wish to fight the war on education issues. Presumably, if a war was in the offing, no anti-war group, or pro war group for that matter, could fight an election on that issue except by paying a fine or going to jail!
In the case of the "gag law," the insidious part is that no one really knows what it means. That's because the Campbell government snuck it in and somehow it passed without debate. Not only was this not given appropriate debate in the legislature, more importantly, the public were shut out. And here's where the media should have been, and should be now, screaming bloody murder at this gross assault on our liberties. I ask, where are they?
If the government of which I was a part had passed this fascist law, there would be a dozen or more top-notch journalists speaking out for your rights and, like dogs with a bone, not giving up until our feet were crispy toasted and you, the citizens, were fully informed.
Yes, there's been an editorial here, a news story there, and once in awhile a columnist tenderly tips his/her pinky into the waters of dissent. That's not good enough.
Let me give you a few names of those my government would have had to face if we passed this sort of free speech squelching injunction. If you are too young to remember them, ask your parents for they will tell you that I'm bang on. Jack Webster, the most feared journalist of the day and, not far behind him, Pat Burns, Gary Bannerman and Ed Murphy, Marjorie Nichols (far and away the most feared print journalist), Allan Fotheringham, Jim Hume (whose sharp fangs were only blunted because he toiled for the Victoria Times Colonist and not the Vancouver Sun), Jack Wasserman, Denny Boyd, Dave Todd, Allan Garr. Some I've missed, I'm sure. These courageous men and women would have blown the gag law issue out of the water.
Different standards today
When I talk about the output of working journalists, I always must make it clear that I'm not criticizing them because it wouldn't be fair. I never had the slightest fear of being censored when I worked for CKNW. Nor did I ever feel the need to self censor. As long as Frank Griffiths owned the station, nothing was out of bounds. That included all political parties and even the Vancouver Canucks, owned by Mr. Griffiths and a huge revenue producer for CKNW. I was hired to call 'em as I saw 'em.
But under the gag law, I've been under considerable pressure to self-censor. The fact that I've been told, in writing, that I must be "independent" tells me that if I'm not, by standards of God only knows who, I can be charged, assessed a huge fine and go to jail!
Wrong side of the law?
I, and a small but happily growing number of us, am blowing the whistle on the Campbell government's energy policy, tied to privatizing electricity production from our rivers, risking their ecologies and shipping the profits out of province.
To speak out against this was made, under the gag law, a crime. Did you see that my friends? If I speak out about the issue of the environment, and do it too often in the wrong places, I would be fined and would go to jail.
I will be speaking probably 30 or more times between now and election day. I will be addressing at least five NDP nominating meetings. I would be pleased to appear at similar Liberal functions but I haven't exactly been overwhelmed with offers. And I will be carrying the same message, namely that Gordon Campbell is giving away our rivers, our environment, our income from energy, and will bankrupt BC Hydro. Because his giveaways bring NAFTA into play, our sovereignty will also be seriously eroded.
What Campbell is deathly afraid of is that you, the public, will catch on. Until Friday, he was also able to count on the fact that I can't afford a fine and I don't want to go to jail. Still, I was determined to risk both before I'd self-censor to please the enforcer of Campbell's wicked legislation.
And you can imagine that in the days to come, I will be closely watching to see what the overturning of Bill 42 means for those like me, who for the remainder of this critical election period, wish to speak truth to power.
Related Tyee stories:
- Bill 42 election 'gag law' ruled unconstitutional
- Election Bill Pared Back
Bill 42: Oppal retreats halfway on ad ban, leaves ID rules untouched. - Hot Button Bill: Libs Rush to Change Election Laws
Diverse foes say Bill 42 would crimp free speech, hurt poor voters.




22
Login or register to post comments
Frank
2 years ago
Gag law?
Mr Campbell has another ace up his sleeve, he won't talk about anything that's happened in BC for the last 8 years because "it's before the courts".
seth
2 years ago
gag law exceptions
Never was a gag for Palmer,Baldry,Smyth or other neocons at Mainstream media
Never was an editorial gag for Canwest. Never was a gag on slanted government advertising paid for with taxpayers money in mainstream media.
Would be fine if the media market was not owned lock, stock and barrel by big business interests but it is.
Thanks you Supreme Court for standing up to the fascist.
Grumpy
2 years ago
The Gag Law..............
..............was an insult to every democratically minded citizen in BC. Campbell's autocratic, some say Fascist government is now kept in power by a compliant media, who's so-called news-hounds have been turned into neutered puppies.
There is no more investigative reporting in BC, as the media giants have turned into shilling for Gordo and his bunch. Press releases are treated as major news stories and the gullible public (no all) take this nonsense as the gospel truth.
A sad day when our freedoms; as the politicians often repeat, "freedoms that our forefathers died for in foreign lands", are being trampled on autocratic government who fear the light of truth being shed on them.
There is massive stench emanating from the Premier's office and the gag law was trying to make the air fresher by cheap tricks.
A wholesale house cleaning of the media is needed.
Hughes
2 years ago
Above the law
You're free to call 'em as you see 'em Rafe; unfortunately, tar 'n' feathering would end us up in jail.
I can't believe Campbell thought he could get away with his gag law this time around considering the NDP tried something similar back in 2001 and it was struck down in a court of law as unconstitutional.
At the time Campbell railed "Inexcusable and unconstitutional! It's restricting freedom of speech!"
The man really must think he is above the law.
Grounds for tar 'n' feathers???
alive
2 years ago
a "need to know" story
Well Rafe, I have often called for you to quit your weekly columns, because usually they contained nothing new.
Here however, you made some good points that unfortunately have not been told by the typical media outlets.
Perhaps it is good if the daily papers do go belly up, they are close to useless these days featuring nothing but glitz and gossip about celebrities.
Let us hope that sites like this will be the replacement.
Curt
2 years ago
Unfortunately, Campbell
Unfortunately, Campbell believes everything he says or does, his way or the highway. It was good the court struck this down. I mean, who does he think he is? Heaven help us if he's reelected. We haven't seen anything yet and by reelecting, he will go full force into selling off the rest of the province as well as privatizing anything he has not done yet, but is more than prepared to do. He has been shot down by the UN numerous times for violations as well as now the courts on this one and the hospital workers contract which cost us alot of money. He will continue to write "his" laws that are challenged which again costs taxpayers money. All his "yes" men/women cannot speak on their own behalf let alone for their constituents. Enough of the dictator and his followers.
Jack's
2 years ago
gag law, smag law...
Free speech in Canada? It still doesn't exist.
I equate freedom of speech to the freedom that exits in Hyde Park within London. I've never witnessed anything that is a better example.
Jeffrey J.
2 years ago
For Those Who Refuse to Study History...
In spite of having the most educated population the world has ever seen, those in power refuse to study history, thereby repeating its tragic mistakes.
Even a passing reading of the 1930's Italy and Germany will immediately inform and instruct those concerned about the frailty of democracy and freedom of speech.
The building blocks of fascism (originally an Italian political theory) are well studied and well known. Concentration of political power, reducing citizens opportunities to criticize the state, using (abusing) the Rule of Law to punish and control critics, merging mainstream media with state rule, rise of corporate power. These factors are a classic recipe for rising authoritarian power.
It's not what will happen today or tomorrow that is frightening, but how these 'temporary' measure become a trend, then permanent, and then a culture of control. THAT'S why we study history.
It is imperative that British Columbians act now. Waiting until more of our liberties are removed will be too late.
Great article Rafe. Thanks as always for telling it EXACTLY like it is!
The
Van Isle
2 years ago
Campbell and the Liberals
Campbell and the Liberals will carry the election campaign the same way as Harper and the Conservatives did in the last Federal election. They will not say anything that could get them in trouble and only harp on about "NDP bad, Liberals good" type of messege. It will also help that the mass-media is more or less on side and won't ask any tough questions either. I wonder how many times that Gordo will be on the Bill Good show in the next couple of weeks.
Skywalker
2 years ago
Right on Rafe!
Maybe sites like this could post a series of questions and repeat them until they are answered by whatever candidate. A refusal to answer would be a constant reminder to the electorate. We could have direct questions for Campbell and James and all the others as required. Maybe a new section where the best suggested questions get posted, sent to the candidate or party and if the response is more than a smoke-screen b.s. they get posted as well.
bob the cat
2 years ago
hand it to Gordie
Ya gotta hand it to the Gordster...he`s got it pretty much sewn up. The whole nine yards so to speak..the whole shebang...he and his provincial bumpkin buddies have the whole province to do with as they wish and the fact the citizenry hasn`t run the buggers out by any means possible by now just proves it . The "law" is all bullshit. That stuff was all written and implemented by bleeding heart types so just ignore `em. Really.. B.C. is pretty much a place without the rule of law. The gag order didn`t stick..oh well we`ll try something else...we got lots of time...lots of time..and believe it ..it IS ALL ours now.
Bye bye Nova Albion
MichaelT
2 years ago
actually the entire western
actually the entire western world is being stifled including online, as fake country barriers are being used to cut off discussion or media from other places do to "market" considerations.
Peter Evanchuck
2 years ago
freedom of speech is gone along with democracy
The recent complaint by the Jewish Defence League to prevent George Galloway access to freedom of speech in Canada because he's sympathetic to the Palestinians and not the Israeli's for their slaughter of Palestinians in Gaza and their continued barbaric treatment of the Palestinians, proves once again the fear they exert over our political and legal systems; thus, their demands remove democracy from our country as they try to control what we think and who we can listen to. Very dangerous stuff to any democracy because without freedom of speech there is no democracy.
DNA
2 years ago
Strange politics
The NDP, which is supposedly in favour of reducing the power of the very rich and for equality, wants to abolish a "gag law," which puts citizens on a more equal level when it comes to the public soapbox. Do they not know how rich interest groups spending virtually unlimited sums on advertising distort the public discourse south of the border... e.g., in California referendums?
The NDP, which is supposedly the more green party, wants to abolish even the mild attempt by the Campbell government to reduce carbon emissions, and has a leader which insists it's a "gas tax," attempting to foster a populist revolt against doing anything to fight climate change. Instead the NDP is advocating the same sort of ineffective emissions capping that even the neocon federal Tories say they want.
Rafe Mair, who was a cabinet minister in a right-wing government, now says he's supporting the NDP. (Granted that's maybe because they're taking right-wing positions.)
Can anyone explain why BC politics are so strange?
Wilfred Laurier
2 years ago
Strange Indeed
Liberals will take at least 50 seats. I would wager 55. You are all preaching to the choir.
seth
2 years ago
NDP right wing?
Mr. DNA with this unfortunate overabundance of regressive genes which seems to plague half the population has at least given us a few Neocon talking points to address.
"...."gag law," which puts citizens on a more equal level when it comes to the public soapbox..."
Never was a gag for Palmer,Baldry,Smyth or other Neocons at Mainstream media Never was an editorial gag for Canwest/global. Never was a gag on slanted government advertising paid for with taxpayers money in mainstream media.Would be fine if the media market was not owned lock, stock and barrel by Neocons No gag on that. Now our friends in the union movement can fight back.
"... abolish even the mild attempt by the Campbell government to reduce carbon emissions..."
Actually 100 percent of the carbon tax is paid by the great unwashed,while two thirds of the tax benefits went to Gordo's Corporate cronies. Really just a another method of giving tax breaks to the rich in exchange for campaign donations. Harper of course is not in favour of any carbon tax but needs to keep on Obama's good books.
As for Rafe supporting the NDP - How about 40 billion dollars of taxpayers money sent to IPP's and almost 100% wasted compared to 200 million in fast ferries. Anybody with undamaged DNA would conclude that Gordo's gang was one of a)incompetent b)paid off with campaign donations and dreams of future lucrative consulting and board of director appointments c) Was serving Campbell sized martinis (1 liter glasses) at the Cabinet table d) all of the above.
SharingIsGood
2 years ago
Birds of a feather
How long before they both have bar room tans and pitted red noses? Knock another one back, boys; it takes some of the sting out of having stuck it to the common folk.
http://images.google.com/imgres?imgurl=http://farm4.static.flickr.com/
3281/2881716454_11ae7507a2.jpg%3Fv%3D0&imgrefurl=http://flickr.com/photos/
bcliberals/2881716454/&usg=__TepMKF1XYP5_
YdrP4xsuPcI_m1U=&h=333&w=500&sz=97&hl=
en&start=17&um=1&tbnid=67Z3cKzuCn47RM:
&tbnh=87&tbnw=130&prev=/images%3Fq%3DWilliam%2BBennett%2BBC%26hl%3Den%26rls%
3Dcom.microsoft:en-ca:IE-SearchBox%26rlz%3D1I7SUNA%26sa%3DG%26um%3D1
Sharon
2 years ago
Gag Law Chokes On Itself
Great article Raif.
Is sounds like you got that offensive letter from Elections BC too, threatening to throw you in jail for a year, a $10,000 fine, or both, if you do not behave yourself. Shocking stuff. The penalties didn't end there; fines set at 10 times the spending limits, the assumption of guilt before innocence- by forcing individuals and groups to preregister on a public list a full 88 days before an election, simply to ensure the freedom to speak out about issues that MAY potentially be related to an election platform, fines of $500 a day for each day of noncompliance, and on and on it goes.
Also, trying to get a working definition of the broad language was next to impossible, the net was too large, it caught everybody. The legal community could not define the new language with any degree of certainty, and neither could the government's own watchdog, Elections BC!
There is something seriously wrong with that. And the courts agreed by striking it down. This seems to be a recurring theme with the Liberals legislation.
Even though it may have been intended to silence the Unions and control election spending, the real power of Bill 42 was its far reaching ability to scare the crap out of individuals or silence small community groups that were raising important issues.
What is more sinister is the fact that the Liberals tried it on for size, and nearly got away with it.
This case was not just about the big bad Unions taking on the big bad Government, the outcome affects us all. It was a necessary fight to stop the erosion of rights for every citizen in BC.
It is a good question, why did the public and the media sit quietly on the sidelines while our freedom of expression rights got trampled on? There was some media on it, but for the most part, this was not a big story last year when the law passed. We should all be asking ourselves, why not?
Good riddance to a bad law. On May 12th, just remember who tried to shut us up.
http://rentersatrisk.wordpress.com/2009/03/02/critics-call-bill-42-a-gag-order/
frenchy mcswede
2 years ago
excellent comments,
particularly the one about how fascism takes root. First the liberals politicized the attorney general's office; now they're polticising elections bc. Absolutely inexcuseable, and evry decent person should be profoundly disgusted. But, after all, this is a government that has been condemned, like a third world regime, for its treatment of women and children, by the united nations. I can still remember gary farrell-collins sneering on television about the idea that the bc liberals should be in any way concerned about the u.n's condemnation. I believe it was shortly after he referred to joyce mcphail as a "scumbag" on the floor of the legislature. I'm sure the liberals miss him dreadfully.
frenchy mcswede
2 years ago
The ndp may win the provincial election,
but they could win for certain, if they stopped being so nice and polite. It is great that the ndp and their allies run so many ads about social justice, schools and healthcare. They are much needed, but what the ndp also needs is an appeal to selfishness, which rightwing groups always have in abundance. One of these selfish issues is the economy, which the liberals have blown badly as I have outlined in many posts. If the ndp gives them a free pass on this, as they did in the 2005, where the liberals had just lost massive amounts of full time jobs, replaced by low paid part time jobs, (a verifiable statistic) it may cost them the election, especially given all the big business bs ads about "the lost decade of the nineties," and other rightwing fairy tales. Renovictions and the gutting of rent controls, in an ever tighter housing market, is also a selfish, or survival related issue the ndp could use to increase their support by at least 5 to 10% in what will probably be a close election.
D Broten
2 years ago
gag law still needs legal workout
This gag law is STILL going to have to go to court to see what it really means. Who’s volunteering?
Does it actually mean citizens can’t take stands against one or the other’s party policy? How in the world do you have an election in those circumstances? I haven’t actually found any confident explanation of how it works or what it applies to.
I believe the gag law has totally worked, because journalists are even afraid to question it. Partly because THEY don’t know what it means and, as Rafe says, they aren’t going to write about it if they don’t know what it means.
Part of the problem too is that the gag law has meant (until now) the loss of millions of dollars in advertising which for sure the commercial media cannot afford to lose so that has also been an inhibiting factor.
lighthouse
2 years ago
B.C. gag law
The Campbell government's gag law is reminiscent of the Harper government's limits on public access to freedom of information. All governments are paranoid to some extent, but it seems that neo-con governments are even more so. Could that be because they have more to fear from public and media scrutiny?