BC Supreme Court Justice Nicole Garson granted the declaration sought by John Dixon and the BCCLA, that the City of Powell River lacked any legal basis or right to bring civil proceedings for defamation of its governing reputation against Patricia Aldworth, Winslow Brown, and Noel Hopkins

The “Powell River Three”, as they came to be called, had criticized the City’s decision to use an “alternative elector approval process” for a controversial public works project, while at the same time holding a by-election to fill a vacant council seat.

Citing a broad range of authorities, Justice Garson made it clear that Canada’s commitment to democratic values in the Charter of Rights and Freedoms gives citizens a fundamental right not only to speak out against the government, but, what is perhaps of even greater importance, the right of everyone to hear such criticism of the government.

John Dixon: “This is a clean win for civil liberties, but it stains the reputation of Powell River, and I would have preferred that it never went to court. The simple lesson is that it is illegal for governments to try to silence critical voters with threats of lawsuits. It shouldn’t have taken an expensive Supreme Court lawsuit for the Mayor and Council to get it.”

News release >>

Lieutenant Commander William Kuebler, an American military lawyer defending Omar Khadr who is being held at Guantanamo, received the 2009 Reg Robson Civil Liberties Award at the BCCLA Membership Conference held on March 25, 2009 at the VanCity theatre. Kuebler was unable to attend in person, although the photo shows a larger than life, live image of Kuebler projected onto the theatre screen that was accomplished by video link.

Kuebler gave a fascinating account of the circumstances surrounding the capture of Omar Khadr and insight into how the U.S. government has proceeded with the case of Omar Khadr, who was a child at the time of his capture. Kuebler was also able to answer questions from the audience.

Presentations were made by Micheal Vonn on health privacy and government databases; David Eby on the impact of the Olympics; Grace Pastine on the application of the Charter of Rights and Freedoms with respect to the transfer of Afghan prisoners and Jason Gratl on the need for anti-torture legislation in Canada.

Provisions of the Election Act of B.C. that restrict election advertising by third-parties in the 60 days prior to calling a provincial general election are contrary to the Charter of Rights and Freedoms.

The BCCLA intervened in the Bill 42 litigation, which was brought by the BC Teachers Federation and the BC Nurses Union. The BCCLA argued in court that the restrictions on election advertising were invalid. We are pleased that the court has agreed, at least to the extent of the pre-writ period.

Robert Holmes, President of the BCCLA was counsel for the BCCLA on this case, said, “The government’s efforts to squelch freedom of expression through Bill 42 remain a stain upon our country’s history. The restrictions should never have been brought in, much less at a late date calculated by the government to limit the ability of citizens to bring the matter to court and have them subjected to judicial review. The decision by Mr. Justice Cole shows how an independent and impartial judiciary is necessary to ensure that government does not trample on people’s rights. The people of British Columbia will be better off having their right not just to speak out, but also to hear the views of others on matters of public importance raised and debated, in a full and free manner.”

News release >>

The Commission for Public Complaints against the RCMP has condemned the practice of mandatory and indiscriminate searches during large events. The ruling comes from a complaint made by the BCCLA about searches that took place during 2008 Canada Day celebrations in Victoria, BC.

“The Commission’s report and accompanying legal opinion is thorough, thoughtful and balanced,” says BCCLA Caseworker Jesse Lobdell. “It notes the difficulties faced by police during large public events, but makes clear that sweeping, mandatory searches, even with consent, are unlawful.”

The Commission’s report was unequivocal in denouncing mandatory searches, concluding that “the RCMP’s participation in preventative and early interdiction liquor strategies in BC be limited to police presence and that searches only be conducted when the RCMP members have the requisite grounds under the applicable legal authority.”

News release >>
RCMP Report >>
Victoria Police Department Report >>
Original Letter of Complaint >>

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