BCFed News Release |
| July 24, 2008 |
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BC unions file Charter challenge against election gag law
Bill 42 violates freedoms of association and expression
Lawyers representing seven BC unions filed documents and launched a legal
challenge against Bill 42.
Bill 42 originally attempted to restrict third party election advertising for five full months before
the next provincial election. Following widespread criticism, Bill 42 was amended but still
goes far beyond any similar laws in the country and essentially shuts off all third party
election advertising for three months before the next election.
The Statement of Claim filed today alleges that Bill 42 violates constitutionally-protected
rights to freedom of expression by restricting reasoned political discourse and by preventing
groups from effectively communicating their positions on election issues before and during an
election campaign.
Lawyers will also argue that Bill 42 infringes on an individual's freedom of association by
preventing individuals from collectively exercising their freedom of expression in the pursuit of
common goals.
The claim also alleges that Bill 42 violates an individual's constitutionally-protected right to
vote by preventing individuals from effectively bringing their concerns and views to the
attention of MLA's during the pre-campaign period.
"Democratic governments should protect and defend the rights of citizens not trample them
when it's politically expedient," says B.C. Federation of Labour President, Jim Sinclair. "Bill
42 is Gordon Campbell's attempt to silence critics and control the airwaves for months before
the next election."
Representing the unions in the Supreme Court of British Columbia will be lawyers Joseph
Arvay, Q.C. and Leo McGrady, Q.C.
The legal challenge is being prepared on behalf of: Canadian Union of Public Employees (BC
Division) , BC Teachers' Federation, Canadian Office and Professional Employees Union
378, BC Nurses' Union, BC Government and Service Employees' Union, Federation of Post
Secondary Educators, and the Hospital Employees' Union.
For more information contact: Evan Stewart, Director of Communications, B.C. Federation of
Labour (604) 430-1421.
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