BCCLA in Court to Overturn TransLink Ban on Political Advertising

The BCCLA appeared in B.C. Supreme Court today to argue that TransLink's and B.C. Transit's ban on political advertising cannot be justified under the Charter of Rights and Freedoms. The Canadian Federation of Students (CFS) and the B.C. Teachers Federation have gone to court to challenge the constitutionality of TransLink's and B.C. Transit's policies that ban partisan and non-partisan political advertising.

Last year, CFS had tried to buy advertising space on the sides of buses that encouraged post-secondary students to get out and vote in the provincial election. TransLink refused to run the ad citing its policy and arguing that the ad was not just political advertising but that it was partisan because CFS criticizes the policies of specific political parties. TransLink and BC Transit say they need the policy to maintain a safe and welcoming transit system.

BCCLA President Jason Gratl: "TransLink and B.C. Transit are trying to avoid being bound by the anti-censorship provisions of the Charter of Rights and Freedoms. We say that not only are they bound but the Charter applies to prevent censorship of political advertising in this context. Ironically, banning political advertising is more political than running political ads."

BCCLA Files RCMP Complaint in Ian Bush Death
The BCCLA has launched a complaint against members of the RCMP's Houston detachment involved in the death of Ian Geoffrey Bush who died on October 29, 2005 under suspicious circumstances while in police custody.

The BCCLA has previously urged the Commission for Public Complaints Against the RCMP to undertake mandatory, automatic investigations of any deaths or serious injuries of individuals while in the custody of the RCMP. Currently, the Royal Canadian Mounted Police Act does not mandate this requirement.

BCCLA President, Jason Gratl: "Civilian review of all in-custody deaths seems rather important in establishing and maintaining public confidence in the police. From that perspective, the policy of waiting for a watchdog group like ours to file a complaint is stubbornly daft. Perhaps the Complaints Commission should be granted funding appropriate to its mandate."
"Modernization" of Surveillance a Step Backward for Privacy

The B.C. Civil Liberties Association is opposing the federal government's latest proposal to facilitate increased police surveillance of telecommunications systems. The Modernization of Investigative Techniques Act is the latest re-packaging of a proposal that has been circulating for years under the name "lawful access".

The bill would require all telecommunications service providers to build police surveillance capacity into their technologies and require telecommunications service providers to give customers' subscriber information (name, address, IP address, telephone number, cell phone number) to the police on request.

According to BCCLA President, Jason Gratl: "The Government is marketing this plan as an absolute necessity if police are to keep pace with criminals' sophisticated use of new technologies, but they've done absolutely nothing to support this claim. Privacy rights are under attack because of technological advances and the Government is citing technological advances to justify more privacy erosion."

BCCLA Weighs in on the Mandatory Retirement Debate

The BC Human Rights Code defines age as more than 19 years of age and less than 65 years of age. Because of that definition, it is not discrimination on the basis of age to require an employee to retire at age 65.

After debating the arguments pro and con, the Association has decided to support the removal of the 65-years-and-older limit in the HR Code. We are satisfied that there are procedures that can effectively ensure competency in safety sensitive positions and that using advanced age as a proxy for substandard performance is discriminatory.

As Board member Michael Feld wrote in his discussion paper for the Association: "To tolerate mandatory retirement is to tolerate injustice; it is to tolerate insult to what should be the dignity of older age; and such tolerance harms the community."

Logo Design Competition

The BCCLA is holding a Logo Design Competition open to both professionals and non-professionals. The new design will be used for letterhead, the web, our e-mailed newsletter and printed material.

The submission deadline is March 31, 2006 and the winner will be announced April 30, 2006! The winner will receive $500 and a lifetime membership to the BCCLA. If you are interested in entering please check click here to see our full contest rules. Please forward this information on to anyone you think may be interested in participating.

Civil Liberties Update is a summary of some of the B.C. Civil Liberties Association's recent work.
The Association publishes a newsletter, The Democratic Commitment, three times a year and posts its positions, submissions, legal arguments and press releases at www.bccla.org.