Deja vu all over again: the Vancouver police are pitching a plan to introduce a program of extensive video surveillance in public spaces. Ostensibly the move was prompted by security concerns for the 2010 Olympics, but Chief Graham has alluded to cameras going up everywhere from the Granville Mall entertainment district to the Downtown Eastside for purposes that have absolutely nothing to do with the Olympics. While Chief Graham has promised "public consultation" on this contentious issue, he has nevertheless told the Vancouver Police Board to expect a business plan in regards to the cameras. Given that the business plan is already committed to, we are not holding our breath for a meaningful public consultation.

The Associaton has asked the Vancouver Police Board for the opportunity to review and critique the concrete proposal and we are doing a flurry of media on video surveillance in public places, highlighting the privacy costs, the financial costs and the extensive research that indicates that, with only very limited exceptions, the cameras do not deter crime.

The BCCLA was in the Court of Appeal recently to argue that police complainants should have a right, as a matter of natural justice, to lead evidence in a public hearing assessing the conduct of a police officer who is subject to a complaint. The Court took a different view interpreting the Police Act to limit complainants' right of participation. The Court did not consider the issue of the appropriate standard of review for assessing conduct.

Read the BCCLA's legal argument
Read the decision of the Court

BCCLA President Jason Gratl and Board member Greg DelBigio travel to Ottawa in mid-June to make the BCCLA's legal argument on security certificates before the Supreme Court of Canada. We will say that to remain constitutionally valid, the security certificate provisions of the Immigration and Refugee Protection Act must be interpreted in a way that ensures as much transparency and due process as possible in matters relating to national security.

Read the BCCLA's legal argument.

The BC Civil Liberties Association joined forces with the Freedom of Information and Privacy Assocation, to oppose a blatant move by the provincial government to assert strict Cabinet control over future public inquiries. On April 24, the BC government introduced Bill 23, a revamped Public Inquiry Act, which would have radically changed the rules for inquiries. Historically, the law required public inquiry reports to be publicly tabled in the Legislative Assembly. Under the new bill, a public inquiry commission would not be able to issue reports to any person other than the minister, and Cabinet would have the power to decide when and if a report from a public inquiry will be released.

The BCCLA took the public position that the proposed amendments take both the 'public' and the 'inquiry' out of public inquiry. We said that the amendments look like a scheme to thwart independent oversight and government accountability. John Dixon, former President of the Association, contributed impressive experience and persuasive powers in lobbying the Attorney General and his staff.

After considerable pressure from the BCCLA, FIPA and the Provincial Opposition, the government agreed to withdraw the bill. The BCCLA will work to make sure that any future incarnation of the legislation ensures transparency and accountability.

The next year will be a critical year for shaping the future of the system for police complaints in B.C. The BCCLA has long worked to ensure a fair and credible system based on the principle that the police, who derive their authority from the citizenry, must be accountable to the public. The BCCLA is scheduled to meet with Joe Wood, Q.C. in June to discuss his review of internal audits by the police. As well, the BCCLA has drafted a submission to BC Police Complaints Commissioner Dirk Ryneveld, Q.C. calling for substantial reform to the police complaint process under the Police Act.

The BCCLA has several priorities for reform including providing the BC Commissioner' Office with the legal authority and resources to conduct its own civilian-led investigations of police (automatic in all in-custody deaths), giving the Commissioner the power to substitute the decisions of the Chiefs of Police regarding discipline where it is justified and legally requiring the Commissioner to conduct outreach and education on the complaint system to improve access.

The BCCLA is also calling for commissioner oversight of anyone who performs policing like duties such as Sheriffs, corrections officers as well Provincial and Municipal RCMP officers who are now covered under weaker federal legislation.

Tuesday, May 9th, 2006 - The Federal Government announced the elimination of capital gains tax on gifts of securities (stocks or bonds). The change is effective immediately. This announcement came much to the delight of charities and donors across the country and is expected to have a huge impact on the non-profit sector.

The implications - it is now easier than ever to donate to the BCCLA. As of Tuesday, May 9th making a gift of securities has an even greater return for you the donor while still providing the BCCLA with the important funding for our current and future programs. We recommend obtaining legal advice before making a donation if you are considering a gift to the BCCLA and have shares that you may wish to donate.

The BCCLA would be happy to arrange for a free legal consultation. Please feel free to contact Sarah Frew, Director of Development at 604-687-2919 or email sarah@bccla.org.

Call the BCCLA office to book a BCCLA speaker today! Sex, drugs or reform of assisted suicide laws; no topic is off limits for the BCCLA as long as it involves civil liberties and freedom. Call us at 604-687-2919 or e-mail us at info@bccla.org.

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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