The BCCLA has filed a submission to the CRTC opposing an application by media giant Canwest to loosen license restrictions aimed at protecting media diversity. The filing alleges that Canwest has failed to demonstrate that it has met the terms of its license and is therefore not entitled to relaxed terms and self-governance.

“The BCCLA remains gravely concerned about the intensity of media concentration across Canada,” said David Eby, the acting Executive Director of the BCCLA. “Freedom of the press and of expression are directly impacted when one company decides who gets access to the media, and who doesn’t.”

News release >>
Submission to CRTC >>

The BCCLA says that the example of the three police officers arrested in the beating of Phil Khan is further justification for reform of the police complaints system.

“The public has no confidence in the police investigating themselves in these serious incidents,” said David Eby. “Even if a perfect investigation were done exonerating each of these arrested officers, the public would not trust the result.”

The BCCLA is currently engaged in a continuing boycott of the police complaints process in British Columbia as it relates to “public trust” complaints, citing a lack of confidence in the quality of investigations done by internal investigators. The organization is pressing for a civilian investigation system similar to Ontario and Saskatchewan’s.

The BCCLA is a participant in the Braidwood hearing and study commission, a public inquiry established to inquire into and report on the death of Mr. Dziekanski. Mr. Dziekanski was tasered five times by the police at the Vancouver airport and died shortly thereafter while he was in police custody. The evidentiary hearings commenced Monday, January 19, 2009.

The Commission has already heard powerful evidence from a Richmond fire department captain, Kirby Graeme, that the RCMP officers were “unprofessional”. He stated that the officers left Mr. Dziekanski prone on the floor, with his arms handcuffed behind his back. The officers refused to remove the unconscious man’s handcuffs, even after Captain Graeme requested that they be removed so his team could medically assess Mr. Dziekanski. The captain testified that his team could not locate a pulse or detect breathing.

Contrary to statements made by RCMP media relations officials in the days after the event, the captain stated that the officers did not place Mr. Dziekanski in a “recovery” position, a first aid position intended for unconscious victims to make breathing easier and to prevent the victim from suffocating on blood and vomit. The RCMP Integrated Homicide Investigation Team, which investigated the Polish immigrant’s death, has publicly stated that Mr. Dziekanski was still alive by the time medical personnel arrived.

The BCCLA is represented by Grace Pastine, Litigation Director and Sara Dubinsky, Articled Student.

The BCCLA joined the Trial Lawyers Association of British Columbia, West Coast Leaf, the Western Canada Society to Access Justice and the Canadian Bar Association in condemning recent cuts to Legal Aid in the province.

“The BCCLA’s advocates talk to people on the phone every day who are desperate for legal assistance,” said David Eby. “We know that these cuts will hurt the most vulnerable of B.C. citizens: seniors, women, recent immigrants and refugees, and people with disabilities.”

The Legal Services Society, the non-profit organization established by the provincial government for the purposes of delivering legal aid in the province, announced cuts last week of 38 positions in the Lower Mainland, representing 16% of their overall staff.

The BCCLA called on Vancouver City Council to respect freedom of expression rights in light of proposed amendments to the Vancouver Charter that would fine individuals for having “illegal signs” or for leafleting in amounts as high as $10,000 per day. The amendments are related to concerns about "ambush marketing" during the Olympics. Ambush marketing is a marketing campaign that takes place around an event but does not involve payment of a sponsorship fee to the event.

The BCCLA has also filed a Competition Act complaint against VANOC for purchasing all of the available outdoor advertising in Vancouver, and reselling it only to official Olympic sponsors. In combination with these proposed sign bylaw amendments, the BCCLA is concerned that no individuals or companies other than Olympic sponsors will have the ability to express themselves during the Games.

The BCCLA applauds the BC Court of Appeal judgment released this week in Ward v. Province of British Columbia and Ward v. City of Vancouver. The Court held that if a person's constitutional rights are violated by the state, they can be awarded monetary damages even though the government was not at fault. 

The BCCLA argued that the availability of full and effective remedies including damages, are necessary to encourage meritorious Charter litigation. Individuals are extremely unlikely to commence this type of litigation if the only remedy that they can realistically obtain is a declaration that their Charter rights have been violated.

A more substantial remedy is required to ensure that the Charter is meaningful both for those whose rights are violated and for representatives of the state, such as police and correctional officials, who are bound by its restraints. Damage awards against government officials may be an effective way to induce governments to change their behaviour and prevent violations in the future.

The BCCLA was represented by Professor Kent Roach, University of Toronto Faculty of Law, and Grace Pastine, BCCLA Litigation Director.

Tuedsay, February 17, 2009
SFU Downtown 515 West Hastings
Room 1700
7 pm
Free Admission

Featuring:
Gordon Murray – co-creator of the Vancouver Sun parody
Deborah Campbell – author and journalist on the Middle East
Micheal Vonn – Policy Director, BC Civil Liberties Association
Kimberly Baker – artist and artographer

March 25, 2009
Vancouver International Film Centre
1181 Seymour Street
6:00 pm

Admission is free to members,
$10 for non-members
Meet others who share an interest in civil liberties. Join us at the wine and beer reception (cash bar), hear the latest updates on important issues and see an Academy Award winning documentary film!

View evening's events >>

Pre-register before March 1, 2009 (required) >>

Not a member, but want to attend?
Join the BCCLA >>

Taxi To The Dark Side, winner of the 2007 Academy Award for documentary feature will be shown at the conference (no admission fee for members).

Using the torture and death in 2002 of an innocent Afghan taxi driver as the touchstone, this film examines changes after 9/11 in U.S. policy toward suspects in the war on terror. It tells the story of abuse at Bagram Air Base, Abu Ghraib, and Guantanamo Bay. From Bush, Cheney, Rumsfeld, and Gonzalez came unwritten orders to use any means necessary. The CIA and soldiers with little training used sleep deprivation, sexual assault, stress positions, waterboarding, dogs and other terror tactics to seek information from detainees. Many speakers lament the loss of American ideals in pursuit of security.

Thank you for your support in 2008! All 2008 charitable tax receipts have now been mailed. If you did not receive yours, please contact Sarah at sarah@bccla.org or 604-630-9750 to ensure your address is up to date in our records.

Happy 46th Birthday to the BCCLA on February 27, 2009!. We will happily accept birthday gifts >>

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