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BY GERALD PORTER Executive Secretary B.C. Press Council

FOR those who appreciate the blessings of free speech and the torments of a free press, imagine the following happy scenario unfold-

ing in your home town:

You speak out passionately at a rip- roaring town hall meet- ing, get reported in the paper, and then find yourself hauled up before a tribunal whose politically-appointed members are armed to the teeth with powers to fine and silence you — and they do, for your politically-incorrect ideas.

It’s even worse for the newspaper and the feckless reporter who quoted you. Sound crazy?

Welcome to the brave new world of British h Columbia after October first. when the newly minted Human Rights Commission opens its doors.

And while the above scenario is admitiedly dramatic. it will be possible under the expanded powers and mandate of the new commission — powers no body of political appointees should have in a democracy.

This Orwellian scenario should also explain why for more

., than two years the B.C. Press Council has urged the provincial government to repeal controversial changes to the Human Rights Act, changes council firmly believe are unnecessary, unconstitutional and a genuine threat to free speech and a free ‘press in this province. Your free speech, your free press.

This bizarre tale starts back in June 1993, when the provin- cial government made seemingly minor amendments to the Human Rights Act, changes that alarmed newspapers because it looked like the government was trying to sneak in press controls through the Human Rights Council's back door.

~ “No, no," said the government, from Premier Mike Harcourt on down, “you've got it all wrong.” But two years later it appeared we didn't.

on muzzle:

“WE: ‘asked the candidates to tell us where - “ © they stand on the issue of legislation passed \. - by the NDP that inhibits freedom of expres-"

sion in,.B.C. ue

Bill 28, ‘the Election Act restricts to $5, 000 the. amount of money individuals or groups other than a registered political parties can spend supporting or: “opposing candidates or expressing. their views - during. provincial“ elections. The legisiation impairs, ‘the public’ s right to know and its right to expréss opinion...” : & Bil}'33;:the 1993 Human Rights Act, restricts ‘ ‘ the'publication or open discussion of material that “indicates discrimination” or is’ “likely to expose a “person or group of persens to hatred or contempt.” The: vaguely worded ‘legislation is policed by a “non-elected Human Rights Council empowered to. .. apply. hefty penatties. ;

& Bill 32, the new Human: Rights Amendinent Act empowers a Human - Rights Commission to seek ‘out alleged Human Rights violations or com-

plaints about discrimination, without a complainant. Here are the responses received to press time: |

‘ ‘Brenda Broughton, West Vancouver-Garibaldi NDP candidate: “Bilt 28, the Election Act; with its limit on the election spending of individuals or groups, is a crucial building block for the democratic process. It means that

in June 1995, the government passed Bill 32, another Human Rights amendment, which gave Draconian powers to a beefed-up Humun Rights Commission and established the tri- buna! to wield them.

So, why is the Press Council. the self-regu- lating body of 127 B.C. newspapers, so con- cerned? Because the new Human Rights Act in B.C. gives the tribunal (read government) the right to harass and punish newspapers aud

journalists for doing their jobs; the incredible right to lay complaints against people who say or publish unpopular opinions without waiting for a member of the public to complain (a new ‘improvement’ since 1993) — and then tums the felons over to its own tribunal to judge.

What criteria will the tribunal use in judging? Nothing less than those seemingly minor amendments made to the act under Bil] 33.

In Bill 33, by simply adding the words “publication” and “statement” to the discriminatory publication provision in Section Two of the Human Rights Act. the government effec- tively included newspapers for the first time.

Premier Harcourt said he did it because federal hate laws didn’t go far enough, although they clearly do and his govern- ment knew it.

The new Section Two also expanded the definition of what constituted hate. It was now a crime, a thought crime, to “pub- lish” or utter any “statement” that “indicates discrimination or intention to discriminate” against anyone or a group, or that is “likely to expose a person or a group ... to hatred or contempt because of the race. color, ancestry, place of origin, religion,

marital status, family status. physical of mental disability, Sex,

sexual orientation or age of that person...

When the press council asked: Just what did “likely to expose” or “intention” to expose mean? the government said it didn’t know but it would let the Human Rights Council decide, a body now empowered, incidentally, to levy crushing fines against offenders. ;

The press council also looked askance at another ‘minor’

tation of this legislation."

a ‘special-interest group with a great deal of money cannot overwhelm the democratic debate by expensive mass- rmedia advertising and that we all, as

citizens ina democracy, participate ona roughly equal basis.

“Bill 33: No liberties in a democratic society are absolute. The line between maximum freedom of speech and the incitement to racial hatred is 4 difficult one to define, but must be addressed, as this bill does. .

“Bill 32: The active defence of human rights is a goal 1 wholeheartedly support. I will work to sort out any difficulties in the continuing implemen-

See MLA hopefuls page 8

Friday, May 24, 1996 North Shore News ~ 2

change to the act: the removal of the: provi- sion that said “aw person may. by, speech or - in writing. freely express his opinion ona subject.” That, as much as anything’ else, left a clear impression that the’ government was prepared to run roughshod over the *, spirit. of the Chanter of Rights (Article Two of the Charter guarantees a free press ‘and free expression) in an effort to enforce an . ‘unconstitutional law that had one overniding : objective — to harass and penalize those’. with “politically incorrect” ideas, includiag those who merely publish, sell or display other people's views. That impression was confirmed i in June 1995, when. the government passed Bill 32. which set up the new tribunal and armed it with the powers of a mini- Inquisition, to seek out and punish the “politically incorrect,” or maybe j just people the g govern: ment doesn’t like.

Late last year, press council chairman Robert Yanow" asked: the Attorney General to consider amending the act 10 exclude the news media from its sweeping, provisions.

He ulso usked the government to reinstate the old “free speech” provision, and wrote that the press council “would even be satisfied with a reference to the Canadian Charter, us: this would indicate that the provincial government respects those freedoms most cherished by Canadians.” Freedoms gene crations had fought and died for. - ° .,

Ujjal Dosanjh answered: no, no, and no: to which Yanow!, replied: “T cannot understand why your goverment conceives that it must stand by legislation which i is s obviously unlawful. .: But the answer seems clear. * y as

No government in its right mind would want the people to: " know it had just created a thought police armed with clubs:

And certainly not during an election year. le

That's why you haven’t heard much about it from the pov: “ ermment, but you will, in n the fall, when it opens its doors for business. 5. Lol, Jy

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For foratinci ihe B B.C. © PresiC council at ais 5 71.

Sea-to-Sky. ae ° ‘has resulted in ja surge « of |} BC, Raii’s pas-

: Photo Lo Knight

“JACK Welsgerber went to 5 ICBC" ‘Ss headquarters in North Vancouver and weathered a : bomb scare on May 2 to announce Reform would get rid of the insurance monopoly.

he 2 cuntpiny’s “phones, lit. up” as soon as the second run “Was: announced. ‘Wall “said: the’ |. company’s passenger’ resou are stretched to: apacity follow- ing the recent service expansion,

“We're a freight railway 2.., just don’t have any met ger) cars,” said Wall, 3;.;

He said the recently added run consists of Royal Hudson cars pulled by a freight locomotive. ;

“We were scouring the nzigh- borhood, if you like, to see-if there are any options,’ * suid Wall. “There just aren't many "cars around.”

Meanwhile crews are working -

to reopen the highway which was-]. closed Wednesday and Thurscfily. . “To date the ‘road is closed until further notice.” said Miniswiy of Transportation and Highways (MOTH) spokesman Brenda Jones.

A Sunday rockslide initially reduced traffic on the highway to one lane with alternating long-: weekend traffic slowed to. a

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WE'VE asked the pany leaders to share the Pasty Line. It's # Hine bracketed at one end of the spectrum by Karl Marx, founder of communism, Economist Adio Smith, wlio opposed unnecessary intervention by the state in the process of individual enterprise, sits to the right.

This week's response is from Progressive Democratic Alfiance Leader Gordon Wilson,

Where Wilson places himself and his opponents on the Party Line and why: | ‘ tt

“Government is too intrusive in most aspects of soci- |

ety. over-reguhating workplaces, dictating farming imneth- ods, interfering in daycare, aud overtixing peaple while cutting back services. The PDA is midway between the centre of the spectrum and the Adam Smith extreme in terms of the role of government in relation to the individ: ual, We believe the role of government is to: protéet the public trast; provide faw and order, provide for compre- hensive health care, education and a social safety net.

Government should not act beyond this mandate and should not interfere with the workings of the private sec- tor, The NDP and the Liberals practice state imervention, Nefther have a restructuring plan, Both) parties have changed their policies dramatically over the Rist four years, depending on pubtic opinion polls. This type of inconsistency increases the cost Of government as new programs’ are added te old progritms to cater to the latest

political wend.”

crawl A second lane was opened following. a five-hour closure. on Tuesday. but another stide forced the current complete closure. MOTH geotechnical Crews were surveying and assessing Ue: slope above the highway to press time "Thursday. :