After a grinding Freedom of Information process lasting more than a year, the Association received a copy of the VPD's Policy Manual. Our copy of the Policy Manual has limited portions removed to prevent disclosure of sensitive policing response and investigative procedures. The Association is now taking steps to persuade the VPD to post its Policy Manual on the VPD website.

The BCCLA believes that the VPD should be proactive in giving the public access to this kind of policy document to promote transparency and accountability. There is no reason why the public should not have ready access to rules by which the conduct of police authorities can be gauged. The content of and rate of compliance with the Policy Manual is a most proper subject for public debate. Lest anyone complain that we have singled out the VPD for special attention, we are also in the process of making the same request of other police departments.

The BCCLA brought argument to the Supreme Court of Canada in Ottawa last week in relation to the age-old tradition of Habeas Corpus. Habeas Corpus is a legal process, which allows a prisoner to challenge the government to justify the deprivation of his or her liberty. The case, entitled May v. Ferndale, involves five inmates who were involuntarily transferred to higher security institutions. The Association takes the position that the loss of liberty from the transfer is significant and the remedy to challenge the transfer is a habeas corpus application to the Superior Court of the relevant Province.

The BC Court of Appeal concluded that federal prisoners can only apply for a remedy of habeas corpus after they have applied for judicial review at the Federal Court. The BCCLA argues that this process introduces a delay of a year to a year a half in bringing an application for habeas corpus. Such a delay effectively undermines the historic place that habeas corpus has occupied in safeguarding the effective and speedy protection of liberty and that the inmates must have access to a real and local remedy. The BCCLA is represented at the Supreme Court of Canada by UBC Law Professor Michael Jackson, Q.C. Our legal argument is online: www.bccla.org/othercontent/05mayfactum.htm

On April 22, 2005, the BCCLA argued at the BC Court of Appeal in the Kempling case. Mr. Kempling is a former high school teacher and counselor who had written letters to the editor of a Quesnel newspaper criticizing homosexuals. The BC College of Teachers disciplined Mr. Kempling for the published letters and Mr. Kempling sued the College, arguing that his rights to freedom of speech and religion had been violated.

The BCCLA argued that the disciplinary action by the College was justified because Mr. Kempling's public utterances interfered with his profession obligation to ensure a tolerant, respectful and safe environment for gay and lesbian students. Mr. Kempling let it be known that he would not provide the kind of support and guidance to students that would be expected of a high school counselor. While teachers and counsellors are entitled to free speech, they are not entitled to express their unwillingness to abide by their professional obligations to support diversity and understanding. To view our legal argument see: www.bccla/othercontent/04kemplingappeal.pdf. Thanks to Elliott Myers, Q.C. and Craig Jones of Bull Housser Tupper for representing the Association.

The Association welcomes Bing Chan, Dominique Clement, Tom Sandborn and Richard Rosenberg to our Board of Directors.

Bing Chan is an Associate Portfolio Manager with RBC Dominion Securities. She is a former financial columnist for the Ming Pao Newspaper and has taken a leadership role in our fundraising initiatives.

Dominique Clement is a historian who teaches at the University of British Columbia. He has published extensively on the history of the civil liberties and human rights movement in Canada (including the BCCLA).

Tom Sandborn is a writer, organizer and consultant. His work has appeared in the Vancouver Sun, the Georgia Straight, the Globe & Mail and Xtra West. He has done extensive political and community organizing on civil liberties issues. Tom also brings a wealth of fundraising experience to the Association.

Richard Rosenberg is a Professor Emeritus in the Department of Computer Science at UBC. He has written extensively on free speech, ethics and privacy issues and appeared before Federal parliamentary and provincial legislative committees.