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November 2006

New Election Voter ID Requirements Sure to
Disenfranchise Marginalized Persons

BCCLA Calls For Federal Privacy Commissioner to Have Order-Making Powers

The BCCLA is sounding the alarm that proposed changes to the Canada Elections Act will disenfranchise individuals who have difficulty obtaining or retaining photo identification. The changes will require voters to have either a government photo ID or two other pieces of ID indicating residency. Previously, individuals did not need to have ID unless they sought to register to vote on the day of the election.

To assist these individuals to register to vote, a group of volunteer lawyers in the last two federal elections have been taking "statutory declarations" which allow an individual to swear or take an oath regarding their identity and residency. Election officials had accepted this as a form of ID thus permitting the individual to vote. Under the new changes, this form of ID would not be adequate.

The BCCLA is particularly concerned that marginalized persons such as homeless and transient people, those with mental health and addiction problems will be effectively disenfranchised by the proposed amendments. The BCCLA has obtained letters from several social services organizations who assist marginalized people and who oppose the changes. In addition, many other individuals who have difficulty getting ID, such as students who move to go to school, will have difficulty voting.

The ostensible reason for the changes is to deal with voter fraud. Yet Canada's Chief Electoral Officer has explicited stated that there is no evidence of voter fraud in federal elections. The BCCLA is advocating that statutory declarations continue to be acceptable as a primary piece of identification. The BCCLA has met with the Standing Committee on Procedure and House Affairs to oppose the changes.

To add your voice to those who object to the new voter ID requirements, contact: The Honourable Rob Nicolson, House of Commons Ottawa, Ontario K1A 0A6
Fax: 613-992-7910
Email

Privacy rights are increasingly under attack and we need adequate legislation and a vigorous agency to defend privacy rights and draw attention to current and anticipated problems. The BCCLA was in Ottawa on November 22, 2006 making a submission to the House of Commons Standing Committee on Access to Information, Privacy and Ethics. We presented a joint submission with the BC Freedom of Information and Privacy Association calling for the Personal Information Protection and Electronics Documents Act (PIPEDA) to be amended to give the Federal Privacy Commissioner order-making power.

Currently, the Federal Privacy Commissioner operates on an ombudsman model of mediation and non-binding recommendations. We believe this model is ineffective and our single most important recommendation about PIPEDA is that the Commissioner have the power to issue orders that can be filed with the Federal Court and made immediately enforceable.

We also told the Committee that the Office of the Privacy Commissioner should educate the Canadian public about privacy rights and protections and that businesses and agencies should be required to inform their clients about security breaches that threaten their personal privacy. We urged the federal government to explore ways to protect the personal information of Canadians which may reside outside of Canada and to provide real protection of personal medical information captured in electronic medical records. We also highlighted the threats of emerging privacy-invasive technology and the increasing abrogation of rights in the name of national security.

Click here to read the submission

Court Overturns Ban of Political Advertising by Translink
The BC Court of Appeal has overturned a decision by BC Transit and Translink to refuse paid advertising by the Canadian Federation of Students designed to promote youth voting. The Court held that such advertising cannot be refused space on the sides of buses simply because the message is too 'political'.

The BCCLA was an intervenor in the case and this is a doubly welcome decision for us. Not only does the decision provide a ringing endorsement for free speech in public spaces, but it also made important statements about the applicability of the Charter. Chris Sanderson, Q.C., who was our counsel in the case said that the decision "clearly establishes that government cannot escape the reach of the Charter by creating quasi-governmental bodies to carry out government work."


Read the legal argument
Events

                    Special Announcement: Maher Arar Speaks!
In partnership with the University of British Columbia, the BC Civil Liberties Association is sponsoring a speech by Maher Arar to the Chan Centre on February 16th, 2007. Please email Sarah Frew at sarah@bccla.org or call 604-687-2919 today to find out how you can get your reserved seat to this exciting event!


The 
B.C. Civil Liberties Association is pleased to announce that its Racial Profiling Conference, bringing together experts from various disciplines, will be held in the Morris J.Wosk Centre for Dialogue in Vancouver on May 12, 2007. Details to follow.

The BCCLA is asking for your help

The BCCLA is asking for your help.
As you have had the opportunity to read, it has been an incredibly active 2006 for the Association and we find ourselves no less busy at the close of the year.

However at this time we find ourselves in great need of your financial support. Please consider making a donation of cash or securities to the Association to help us keep our 2006 commitments .

We need your help now more than ever. Please click here to send in a personal contribution today. Every donation counts whether it is a cash or in-kind donation of securities. Your contributions allow us to keep working on important projects such as the Prevention of Torture Act, which has garnered much support and is well on its way to becoming legislation.

If you would like more information on how to give to the Association please contact Sarah Frew, Director of Development by email at sarah@bccla.org or by phone at 604-687-2919 and she would be happy to provide you with information on monthly giving, planned giving options or in-kind gifts of securities.

Many Canadians have enjoyed impressive capital gains in their investment portfolios during these robust economic times. As some of you are doing year-end tax planning, please keep in mind that since May 2006 the Federal Government has made it more attractive to give the gift of securities. With the elimination of capital gains tax on donations of appreciated shares of publicly listed securities to public charities, donating securities now has an even greater return for you the donor. This type of in-kind donation too will provide the BCCLA with important funding for our current and future programs.

If you are considering a gift to the BCCLA and have shares you wish to donate, we recommend obtaining legal advice before making the donation. We are happy to arrange for a free legal consulation. If interested please contact Sarah Frew at sarah@bccla.org or by phone at 604-687-2919 and she would be happy to arrange this for you.

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, an annual report and posts its positions, submissions, legal arguments and news releases at www.bccla.org.

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