Formation | 1962[1] |
---|---|
Type | Non-government organization |
Purpose | Civil liberties advocacy |
Headquarters | Vancouver, British Columbia, Canada |
Membership | 1000+ members |
President | David Fai |
Executive Director | Stephanie Goodwin |
Policy Director | Aisha Weaver |
Budget | $1.2M (2016) [2] |
Website | bccla |
The British Columbia Civil Liberties Association (BCCLA) is an autonomous, non-partisan charitable society that seeks to "promote, defend, sustain, and extend civil liberties and human rights." [3] It works towards achieving this purpose through litigation, lobbying, complaint assistance, events, social media, and publications. Founded in 1962, it is Canada's oldest civil liberties association. It is based in Vancouver and is jointly funded by the Law Foundation of British Columbia and by private citizens through donations and memberships.
The BCCLA, through its staff lawyers and pro bono counsel, litigates constitutional issues and commonly appears as an intervenor, applicant, or plaintiff at all levels of Canadian courts, including the Supreme Court of Canada. The association's work is guided by the rights and liberties embodied in such documents as Canada's Charter of Rights and Freedoms, France's Declaration of the Rights of Man and of the Citizen, the United Nations' Universal Declaration of Human Rights and the bills of rights in the United States, Britain, and Canada. [3] The association is unaffiliated with any other organization or political group; however, the association often works cooperatively with other organizations, such as Pivot Legal Society, the John Howard Society, and the Canadian Civil Liberties Association, on common causes. [4]
The BCCLA has been consulted by both the governments of Canada and British Columbia on proposed actions or policies that may give rise to civil liberties or human rights concerns. [5] In the early 1980s, the association was invited to appear before the Special Joint Committee of the Senate and the House of Commons on the Constitution to participate in the public consultations on the proposed Charter of Rights and Freedoms . [5] The association was consulted by the federal government in its creation of the Personal Information Protection and Electronic Documents Act (PIPEDA, 2000) and by British Columbia's government in its creation of the Personal Information Privacy Act (PIPA, 2003). [6]
The BCCLA is currently led by Lindsay Lyster, president, and executive director Liza Hughes. Honorary directors of the board include former prime minister of Canada Kim Campbell, founding president Reverend Phillip Hewett, and environmentalist David Suzuki. [7]
Reg Robson (1921–1996) joined the association soon after its founding and served as its main spokesperson, lobbyist, and organizational leader between the mid-1960s and mid-1980s. [8] Robson served in various executive positions, including executive secretary (1969–72, 1978), president (1972–75, 1980–82), and treasurer (1975, 1979). Robson sat on the board of directors into the 1980s and is credited for helping to ensure the viability of the association and its institutional memory. [9]
In the year ending December 31, 2016, the BCCLA had a combined revenue of $1.26 million, originating from membership and donations (68%), grants (20%), and other sources, including gaming revenue and litigation recovery (12%). In the year ending December 31, 2016, the expenses of the BCCLA were $1.22 million, attributed to staff salaries and benefits (59%), office operating (12%), litigation costs (9%), and other costs, including rent, professional fees, and travel (20%). [7]
The association organizes forums across British Columbia on a variety of topics, including national security, social justice law reform, HIV disclosure laws, and food rights. [10] It also organizes speaking events, with past speakers including: Jameel Jaffer, Deputy Legal Director at the American Civil Liberties Union; The Right Honourable Beverley McLachlin, Chief Justice of Canada; Michael Ignatieff, Harvard professor and former leader of the Liberal Party of Canada; John Ralston Saul, philosopher, novelist, and essayist; and Maher Arar, a Canadian citizen who was tortured after being deported to Syria by U.S. authorities.
Since 2005, the BCCLA has presented an annual Youth Rights Conference, a daylong seminar for high school students that is intended to promote student activism and civic engagement. Past topics have included gay/straight alliances, homelessness, protest rights, aboriginal justice, and immigrant rights. [11] [12]
The association presents an annual Reg Robson Award to honour people who have demonstrated a substantial and long-lasting contribution to civil liberties issues in British Columbia and Canada. [13] Past recipients of the award have included: [14]
In addition to the Reg Robson Award, the association has awarded Liberty Awards in several categories: excellence in legal advocacy (individual, group, and law firm); excellence in journalism; excellence in the arts; excellence in community activism; excellence in youth activism; and, unsung hero. [15] [16]
The events preceding the formation of the BCCLA involved a Kootenays, British Columbia, group known as the Fraternal Council of the Sons of Freedom.
On March 6, 1962, members of this branch of the Sons of Freedom sect used explosives to bring down a 100-metre tower supporting power transmission lines crossing Kootenay Lake to a lead and zinc mine in Kimberley, BC. As a result, over one thousand mine workers were laid off until power to the mining operations could be restored. Civic leaders called on the federal government to respond to the bombing with "drastic action" and the Government of British Columbia offered a $10,000 reward for information leading to the conviction of those responsible. [17] Fearing vigilantism on the part of the miners or others affected by the sect's actions, the RCMP brought in one hundred officers from the Prairies to watch over the tensions. [18]
On March 24, 1962, RCMP officers, on the strength of two confessions of sect members implicating the Sons of Freedom, arrested fifty-seven members of the sect. The members were charged, along with ten other members that were already in custody, with conspiracy to intimidate the Parliament of Canada and the Legislature of British Columbia. [5]
Due to tensions in the Kootenays, the venue for the trial was moved approximately 500 kilometres, from Nelson to New Westminster, BC. The preliminary trial began on June 11, 1962, with Nelson Magistrate William Evans presiding. In court, the two confessions were withdrawn with the members claiming duress. Despite over 98 witness testimonies and the Crown presenting over 500 pages of seized documents as evidence, on August 7, 1962, Magistrate Evans dismissed the Crown's case on the basis that there was insufficient evidence to proceed to trial. [5] [19]
Meanwhile, 104 members of the Son of Freedom, including children, continued to be detained on remand at Mountain Institution in Agassiz, BC. [5]
On December 9, 1962, a meeting of 80 people was held in Vancouver at the University of British Columbia in response to the ongoing detention of Sons of Freedom at the Mountain Institution. This would mark the first official meeting of the BCCLA. [9] The association was incorporated under the Societies Act on February 27, 1963.
Under the leadership of Phillip Hewett, an Anglican minister, a board of directors formed and a committee was struck and a Sons of Freedom defence fund was created to fund litigation and investigation into the Mountain Institution issue. Subsequent to its formation, the BCCLA successfully fought for release of the detainees. [9]
The BCCLA's other activities in the 1960s included [20] aiding in the defence of The Georgia Straight , a Vancouver-based publication, against criminal obscenity charges [9]
On October 27, 1969, a small group of professional actors, directors, and designers known as the Gallimaufry Players began a two-week run of Michael McClure's The Beard at Davie Street's Riverqueen theatre. The play, about an imaginary encounter between Billy the Kid and Jean Harlow, was replete with expletives and ended with a scene of simulated cunnilingus. [21] On November 5, plainclothes members of the Vancouver City Police morality squad attended the performance. The following day, three members of the Gallimaufry Players and the two proprietors of the Riverqueen were criminally charged with presenting an obscene performance. [21] All five defendants were convicted at trial on May 28, 1971, in the Provincial Court of Vancouver and fined a total of $1,250.
The BCCLA launched an immediate appeal at the British Columbia County Court of Vancouver. The appeal was heard over four days in November 1971 by Judge Ladner. The police officers who witnessed the performance testified that expletives were uttered on stage, and that it was impossible to know if the actress was wearing an undergarment during the simulated cunnilingus. [21] The defence presented a series of witnesses, including drama critics from the Vancouver Sun and Vancouver Province newspapers, a drama teacher, a television critic, and an Anglican minister who testified that the words and scenes described by the police officers could not be isolated from the overall context of the play. [21] [22] The judge found the defence witnesses to be "of a certain segment of the community and, while due consideration must and has been given to their evidence, their opinions cannot be accepted as representative of community standards" and that "the standards of decency and measure of tolerance in the Canadian community at this time could not but be offended by the realistic simulation of cunnilingus on the stage." The judge found the evidence insufficient to prove that one of the five defendants, Henry Yeagher, the Gallimaufry's stage manager, was in charge of the production at the time and dismissed the charge against him. The four remaining defendants had their fines set aside in favour of suspended sentences. [21]
The BCCLA launched a further appeal to the British Columbia Court of Appeal. The appeal was heard by Chief Justice Nathaniel Nemetz and Associate Justices Robertson and Branca. Justice Robertson referred to the play as "unsavoury" and noted that "among its 9,000 words it uses 4 'four-letter words' a total of 132 times." Chief Justice Nemetz stated that he "would agree that the last scene would offend many people." Despite their personal views of the play, all three judges ruled in favour of the defendants, quashed the convictions, and ordered a new trial. In his reasons, Chief Justice Nemetz stated that "it is not the personal taste of a judge that determines whether a work is obscene or not" and concluded that Judge Ladner had "misdirected himself" when he "rejected the uncontradicted evidence of all the witnesses for the defence in their totality [and] in doing so he substituted a finding of fact which was unsupported by the evidence." Chief Justice Nemetz ultimately concluded that Judge Ladner should have tested the play against "contemporary standards and to the time, place and circumstances of this performance." [22]
The BCCLA's other activities in the 1970s included: [20]
When the BCCLA learned in 1980 that Prime Minister Pierre Elliot Trudeau's government was planning a series of constitutional reforms that would include the Charter of Rights and Freedoms , the association began submitting comments and recommendations to the Special Joint Committee of the Senate and the House of Commons on the Constitution.
On November 13, 1980, then president Reg Robson submitted an 18-page brief to the joint committee. The letter outlined the association's eagerness to support "entrenchment of a Charter of Rights which would affirm the rights and freedoms that we believe are fundamental for the Canadian people, and which would guide the legislatures and direct the courts of this country to protect and uphold those rights." Subsequent to submitting its written brief, the association was invited to appear before the joint committee. [5]
Despite the association's eagerness for Canadians to have entrenched constitutional rights and freedoms, the association was concerned that the government's public claims about the Charter were misleading and unsupported by the actual wording contained in the government's proposal. The association urged the government to extend the time for public and Parliamentary consideration, and suggested revisions in several areas of the proposed Charter to address these concerns: [23]
In addition to these recommended changes, the association proposed several additions:
The association identified additional areas of concern with the draft Charter:
The BCCLA's other activities in the 1980s included: [20]
The BCCLA's activities in the 1990s included: [20]
The BCCLA's activities in the 2000s included: [20]
In September 2009, the BCCLA, in partnership with Pivot Legal Society, announced the creation of its Olympic legal observer program, the first of its kind in Olympic history. [24] The program trained 250 volunteers [25] to observe and record security and police actions at the opening ceremonies and at major demonstrations outside sporting events and in Vancouver's Downtown Eastside during the 2010 Vancouver Winter Olympics. The impetus for the program was a concern that hosting the Olympics would cause Vancouver's homeless citizens to be displaced and free speech and protest rights to be interfered with. Volunteers were instructed to observe police and other security actions in a "neutral and professional manner" and to report possible right violations back to the BCCLA's volunteer lawyers who would then attempt, informally or through court action, to resolve matters. [26] In an effort to familiarize officers with program, the Vancouver Police Department and RCMP Integrated Security Unit agreed to provide legal observer training to senior officers. [27]
After the Opening Ceremonies on February 12, 2010, the BCCLA stated that they were "very pleased with the effective and restrained policing of the demonstrations that [its legal observers] observed prior to and during the Opening Ceremonies" and recorded "very few incidents involving police." [28] On February 23, midway through the games, then BCCLA executive director David Eby stated that "we haven't seen the excesses we worried about." [25] Vancouver Police Department spokesperson Constable Lindsey Houghton commented that the legal observer program helped police maintain public transparency throughout the games. [25]
Trinity Western University (TWU), a private religious university, sought the Law Society of British Columbia's permission to start a law school to offer a legal education program prerequisite to bar admission. The Law Society denied permission to the proposed law school based on the TWU's Community Covenant that was mandatory for students to sign as a condition of admission to the school and that among other things, discriminated against LGBTQI+ persons by prohibiting sexual intimacy outside the confines of a marriage between a man and a woman. Initially, BCCLA took the position based on arguments of religious freedom that TWU's proposed law school should not be barred from accreditation. On January 22, 2018, after full and vigorous debate of the issues and principles that extended over a period of months, the BCCLA Board of Directors voted, by a substantial margin, to adopt the position that "the Law Society should not accredit a prerequisite legal education program whose admission and conduct policies discriminate against people based on prohibited grounds, thereby creating a discriminatory barrier around part of the stream of access to the legal profession." [29] On June 15, 2018, The Supreme Court of Canada upheld the decision of the Law Society to deny permission to TWU. [30]
The BCCLA's other activities in the 2010s include: [20]
The BCCLA is an active publisher. It has published its biannual newsletter, The Democratic Commitment, since 1972. The association publishes several handbooks, including: HIV Testing Handbook: A Guide To Your Rights (2014; English); Rights Talk: Students and Civil Liberties at School (2013; English); Electronic Devices: A Guide To Your Rights (2012; English); The Arrest Handbook: A Guide to Your Rights (2002; English, Spanish, Arabic, and Vietnamese); and, The Citizenship Handbook: A Guide to Democratic Rights and Responsibilities (2008; English, Chinese, Punjabi, Vietnamese, and Persian). In 2015, the association marked the passing of its 50th anniversary with the publication of 50 Years of Freedom: A Festschrift Celebration for the Golden Anniversary of the BCCLA, a collection of essays and other writings. It has developed over 200 policy briefs which serve as the cornerstones for its work. [4]
On June 30, 2021, BCCLA Executive Director Harsha Walia retweeted a Twitter news article from Vice News about the burning of Catholic churches in Canada following the discovery of gravesides at former Canadian Indian residential schools, adding the statement, "Burn it all down". In response, Tsimshian entrepreneur and Indigenous relations consultant Chris Sankey called on her to resign while British Columbia's Public Safety Minister Mike Farnworth described her post as "disgusting and reprehensible." Former BCCLA president Craig Jones described Walia's statement as "a new height of stupidity" and called for the withdrawal of financial support from the BCCLA. The Union of British Columbia Indian Chiefs (UBCIC) expressed support for Walia (without mentioning the controversial tweet), describing her as a "highly respected and valued ally." [35] [36]
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all governments in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
The Georgia Straight is a free Canadian weekly news and entertainment newspaper published in Vancouver, British Columbia, by Overstory Media Group. Often known simply as The Straight, it is delivered to newsboxes, post-secondary schools, public libraries and a large variety of other locations. The Straight has a long history of independent, unconventional editorials and content, and is known as a vocal critic of government, notably the former Liberal government of Gordon Campbell.
Sue Rodriguez was a Canadian right-to-die activist. In August 1991, she was diagnosed with amyotrophic lateral sclerosis and was given two to five years to live. She ultimately made the decision to end her life and she sought the assistance of a doctor to that end, leading to a legal battle. She lost her case in front of the Supreme Court of Canada, but took her own life with the help of an anonymous doctor on February 12, 1994. She is cited as an important figure in the eventual legalization of medical assistance in dying in Canada.
The Canadian Civil Liberties Association is a nonprofit organization in Canada devoted to the defence of civil liberties and constitutional rights.
Andrews v Law Society of British Columbia, [1989] 1 SCR 143 is the first Supreme Court of Canada case to deal with the equality rights provided under Section 15 of the Canadian Charter of Rights and Freedoms. British law graduate Mark David Andrews challenged the validity of Section 42 of the Barristers and Solicitors Act contending that the Canadian citizenship requirement for being called to the bar violated Section 15 of the Charter.
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Kim Rosemary Bolan is a Canadian journalist who has been a reporter at the Vancouver Sun since her journalism career began in 1984. She has reported on minority, women's, education, and social services issues; wars in El Salvador, Guatemala and Afghanistan; Sikh extremism, and the bombing and trials related to Air India Flight 182. CBC Radio has also featured her work. On May 4, 2017, while covering a murder trial of a former leader of the UN Gang, Bolan learned that she had been the subject of a murder plot, which she reported on in an article published on May 24, 2017, in the Vancouver Sun.
Mary Ellen Elizabeth Turpel-Lafond is a Canadian lawyer, law professor, judge, and legislative advocate for children's rights.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
The passage of the Canadian Charter of Rights and Freedoms in 1982 allowed for the provision of challenging the constitutionality of laws governing prostitution law in Canada in addition to interpretative case law. Other legal proceedings have dealt with ultra vires issues. In 2013, three provisions of the current law were overturned by the Supreme Court of Canada, with a twelve-month stay of effect. In June 2014, the Government introduced amending legislation in response.
Joseph James Arvay, was a Canadian lawyer who argued numerous landmark cases involving civil liberties and constitutional rights.
R v Tse, 2012 SCC 16 is a Supreme Court of Canada decision regarding the constitutionality of warrant-less wiretaps in emergency situations. The Court found that the emergency wiretap provisions found in section 184.4 of the Criminal Code infringe the search and seizure rights in section 8 of the Canadian Charter of Rights and Freedoms, and cannot be justified as a reasonable limitation under section 1 of the Charter due to the lack of accountability measures.
Gloria Taylor was a Canadian who was an advocate of medically-assisted dying and suffered from Amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease. Taylor began to experience the early symptoms of ALS in 2003. A neurologist diagnosed her disease in 2009.
Janine Elizabeth Fuller is a Canadian businessperson and writer. She was the manager of Little Sister's Book and Art Emporium in Vancouver, British Columbia, and is best known for her role as an anti-censorship activist in the bookstore's battles with Canada Customs, which culminated in the Supreme Court of Canada case Little Sisters Book and Art Emporium v. Canada in 2004.
Don Whiteside was a sociologist, native author, Canadian civil servant, and founder and president of the Civil Liberties Association, National Capital Region. He was also an instrumental member of the Canadian Federation of Civil Liberties and Human Rights Associations, which existed from 1972-1990.
Carter v Canada (AG), 2015 SCC 5 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms ("Charter") by several parties, including the family of Kay Carter, a woman suffering from degenerative spinal stenosis, and Gloria Taylor, a woman suffering from amyotrophic lateral sclerosis ("ALS"). In a unanimous decision on February 6, 2015, the Court struck down the provision in the Criminal Code, thereby giving Canadian adults who are mentally competent and suffering intolerably and enduringly the right to a doctor's assistance in dying. This ruling overturned the Supreme Court's 1993 ruling in Rodriguez v British Columbia (AG), which had denied a right to assisted suicide.
In Canada, carding, officially known in Ontario as the Community Contacts Policy, is an intelligence gathering policy involving the stopping, questioning, and documenting of individuals when no particular offence is being investigated. The interactions take place in public, private or any place police have contact with the public. The information collected is kept on record in the Field Information Report (FIR) database. FIRs include details including the individuals' gender, race, the reason for the interaction, location, and the names of any associates, to build a database for unspecified future use. Officially, individuals are not legally detained, but this distinction is not clear. Carding programs have been shown to consume a considerable amount of police resources, with little to no verifiable results on the level of crime. Carding is also known to contribute to a disproportionate amount of black and Indigenous people being recorded in law enforcement databases. Consequences for Indigenous and racialized populations include mental and physical health problems, loss of trust with the police, disparities within the criminal justice system, and social disadvantage, including potential loss of educational and employment opportunities.
Mounted Police Association of Ontario v Canada [2015] 1 SCR 3 is a leading Canadian labour law case concerning freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms. The Court concluded that the exclusion of Royal Canadian Mounted Police officers from unionization and collective bargaining was unconstitutional, overruling Delisle v Canada. Along with Saskatchewan Federation of Labour v Saskatchewan and Meredith v Canada , the decision in MPAO represented a significant evolution in the interpretation of section 2(d), clarifying the legal standard applicable under that provision.
The Griffins' Nest is the independent, student-run newspaper of Eric Hamber Secondary School, in Vancouver, British Columbia, Canada. Its print edition is published bimonthly. The newspaper received national attention in 2021 and 2022, when its editors campaigned against the censorship of its articles and British Columbian school newspapers in general.
{{cite news}}
: CS1 maint: postscript (link)