"..were it left to me to decide, whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter." Thomas Jefferson
Yahoo Canada says: "While you're over on the West Coast and you're trying to get a sense of what the pulse of the nation is all about, we recommend a stop at the B.C. Free Press site. No fancy graphics or high-tech doodads, just plain old-fashioned political commentary that shows what the real power of the Net is all about. BC Free Press - opinionized for your protection."
This also supports the following editorial we wrote months ago -
"WAS BC 'OTHER PROVINCE' IN MARCH?"
"A March 30 news story on www.canada.com reveals Canada's Finance Minister Jim Flaherty says "other provinces" had approached him to harmonize the federal and provincial sales taxes. The only provinces without the HST were BC, Manitoba, Saskatchewan, and PEI. When contacted by reporters, Manitoba said they had not approached the feds. Saskatchewan Premier Brad Wall had opposed the HST, but said if things changed, he would open up the issue again for debate. P.E.I. Treasurer Wesley Sheridan could not be reached. B.C. Finance Minister Colin Hansen declined to comment. Hansen recently denied the HST was discussed with Ottawa until after the election in May. Yet Flaherty said in March that discussions were underway with "other provinces, and BC was the only province of the four that announced the HST and signed a memorandum of understanding with Flaherty since March."
Is there anyone left in BC, outside of the Liberal cabinet, that believes Hansen was not aware of the HST discussion prior to the election?
PERFORM REMAINING PETITION DUTIES FORTHWITH SAYS SUPREME COURT OF BC
The business coalition, which foolishly challenged the will of more than 700,000 British Columbians, was royally thumped on Friday when the Supreme Court of BC dismissed the coalition's challenge to the anti-HST petition.
"In the result, I would not give effect to any of the petitioners' (business coalition's) submissions, and I would dismiss this application," wrote the Honourable Chief Justice Bauman.
In addition, anti-HST petition proponent Bill Vander Zalm had good reason to be upset with Elections BC's postponement of the petition process.
Baumann wrote, "The CEO (Chief Electoral Officer) has of his own motion halted the process under the RIA (Recall and Initiative Act) which would normally follow a successful petition; he has declined to advance the Initiative Petition, and the draft Bill accompanying it, to the Select Standing Committee of the Legislative Assembly under s. 10 of the RIA. The proponents of the Initiative Petition are currently denied the fruits of their "victory for democracy."
So further in his decision, Baumann made a point of asking the Chief Electoral Officer to finish the process.
"...I would respectfully ask that the Chief Electoral Officer perform his remaining duties under the Recall and Initiative Act forthwith."
The past few weeks does not look good on the business coalition, nor on Elections BC.
A huge number of British Columbians want the HST issue addressed in the legislature, and regardless of anyone's views on the HST, there is no good reason why the people should not be heard.
Apparently the Supreme Court of British Columbia agrees.
ELECTIONS BC "SADDENED" BY ANGRY VOTERS
In a letter to NDP MLA Leonard Krog, BC's Chief Electoral Officer Craig James recently wrote..."I have been frankly saddened by the vitriolic attacks that I and my office have been subjected to during the past week.”
The attacks from the opposition, media and public are the result of James' decision to postpone sending the successful anti-HST petition to the legislature. He is awaiting the outcome of a court challenge by a group of business organizations.
James believes the court process won't take too much time. But how would he know? It's not up to Elections BC. It's a judicial prerogative to take whatever time necessary to deliberate the issue.
The Recall and Initiative Act says Elections BC "must" send the petition to the legislature. By postponing this process, Elections BC became a part of the HST debate. The debate is unquestionably "vitriolic" partly due to the fact that the HST was introduced without public consultation. The government undertook an action that was contrary to the will of the people.
Similarly, Elections BC has undertaken an action that is contrary to the will of the people. The petition is grassroots democracy and the role of elected officials and bureaucrats is to support the democratic process.
The public wants the petition sent to the legislature, as outlined in the legislation. Elections BC has chosen not to do so at this time, despite the word "must" used in the Recall and Initiative Act.
This decision by Elections BC has become part of the HST debate, and the Chief Electoral Officer should not be surprised by an incensed public.
RECALL AND INITIATIVE ACT IS CLEAR
The anti-HST petition appears to have met the requirements under the Recall and Initiative Act. However, Elections BC has made a decision to await the outcome of a legal challenge to the petition.
Except BC's Recall and Initiative Act is clear regarding the process for presenting successful petitions to the legislature. It says:
Referral of initiative to select standing committee
10 If the chief electoral officer determines in accordance with the regulations that (a) the initiative petition meets the requirements of section 7, and (b) the proponent has complied with Part 4, the chief electoral officer must send a copy of the petition and draft Bill to the select standing committee.
Duty of select standing committee 11 (1) The select standing committee must, within 30 days of receiving a copy of the initiative petition and draft Bill under section 10, meet to consider the initiative petition and draft Bill.
(2) The select standing committee must, within 90 days of the date of its first meeting, (a) table a report recommending that the draft Bill be introduced at the earliest practicable opportunity, or (b) refer the initiative petition and draft Bill to the chief electoral officer.
Effect of report by select standing committee 12 If the select standing committee tables a report recommending that the draft Bill be introduced at the earliest practicable opportunity into the Legislative Assembly, the government must (a) introduce the Bill at the earliest practicable opportunity, or (b) if the Bill is for the appropriation of any part of the consolidated revenue fund or of any tax or impost, (i) request the Lieutenant Governor to recommend the Bill by a message in accordance with sections 46 and 47 of the Constitution Act to the Legislative Assembly, and (ii) introduce the Bill at the earliest practicable opportunity.
The Act says the chief electoral officer must send a copy of the petition and draft Bill to the select standing committee. There is no mention of holding up the process for legal challenges.
In fact, if one wants to interpret the legislation, there appears to be an emphasis on urgency, using language like "introduced at the earliest practicable opportunity."
The reason is obvious. When 700,000 voters express their dissatisfaction, they should be taken seriously.
The appropriate course of action is to follow the legislation as it is written...without editorial licence.
CONSENSUS, NOT CENSUS
Prime Minister Stephen Harper's recent decision to make the long census voluntary is long overdue. Despite the hue and cry from bureaucrats, interest groups with little concern for individual privacy, and even some media, the mandatory census, required under threat of imprisonment, had to be axed in a free society.
It is ridiculous that a Canadian could be imprisoned for not providing data to a bureaucrat. It is equally ridiculous that media outlets, purporting to support a free press, defended this oppressive practice.
The decision to change the census prompted the resignation of the head of Statistics Canada. This is a good thing. Better to hire someone with the creativity and skill to work with Canadians, rather than rely on the threat of jail. The Harper government has stumbled a few times during the past year, but this issue isn't one of them.
The British Columbia Free Press is an independent news/opinion webzine. Copyright 1998 - 2010, All rights reserved. Contact: editor@bcfreepress.bc.ca
