B.C. Liberals back down on controversial 'gag law'
Last Updated: Wednesday, May 28, 2008 | 1:25 PM PT
By Jeff Davies CBC News
B.C.'s Liberal government has partially backed down on some of the more controversial provisions in Bill 42, dubbed the gag law by its critics, who immediately denounced the changes as inadequate.
Bill 42, The Election Amendment Act, caps spending on election advertising by all groups other than political parties at $150,000 overall, or $3,000 per riding.
An amendment introduced Tuesday by Attorney General Wally Oppal changed the time period covered by the cap from 120 days before the start of an election campaign to 60 days.
The adverstising ban will also cover the 28-day election campaign, meaning it will now cover a total period of 88 days.
Oppal admitted the original proposal might have been too restrictive and it touched off a "vigorous debate."
"I think we ran something up the flagpole and it didn't fly like we thought it would," the attorney general told reporters.
"We think that the ban here is more reasonable. I think that when you looked at the 120 days it could be argued and a court could say that the principle is sound, but the length of the period is inordinate and it's an infringement on freedom of speech, and I think that's the reason why we compromised."
But NDP attorney general's critic Leonard Krog said the bill still represents an attack on free speech, and scoffed at Oppal's attempt to loosen the restrictions in his bill.
"The government is not backing down at all. You can put lipstick on a pig but it's still a pig."
AG can't back off now, NDP critic says
Krog called Bill 42 an outrageous infringement on free speech.
"The fact is the attorney general is like the proverbial fox in the hen house. They've been caught and they were claiming they were there just to inspect the place, instead of steal the chickens.
"The attorney general can't back away from what he's done. They have made a huge political and constitutional and legal error. He should be apologizing to British Columbians. He should be withdrawing this bill. The amendments are just an acknowledgment of how deep they are in the political glue on this issue."
The NDP supports limits on third-party election advertising, but only during the 28 days of official campaigning.
The BC Federation of Labour has described Bill 42 as an attempt to muzzle critics of the government in the months before the election.
Federation president Jim Sinclair said Tuesday it's clear the government has responded to public pressure, "but it's not enough, and it's still wrong. There's no question in my mind. It was wrong at 120 days and it's just as wrong at 60 days."
The government has made it clear it expects the legislature to pass the bill before the house adjourns at 6 p.m. on Thursday, even if that means cutting off debate.
Sinclair said the federation is still pondering a legal challenge and he hopes to announce a decision next week.
