British Columbia Hansard — Friday, July 9, 1982 — Morning Sitting (32nd Parliament, 4th Session)
32p 04s 820709a
British Columbia — Debates (Hansard)
1982 Legislative Session: 4th Session, 32nd Parliament
Hansard
The following electronic version is for informational purposes only.
The printed version remains the official version.
Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)
FRIDAY, JULY 9, 1982
Morning Sitting
[ Page
8677 ]
CONTENTS
Routine Proceedings
Attorney General Statutes Amendment Act, 1982 (Bill 62). Second reading.
(Hon. Mr. Williams)
Hon. Mr. Williams –– 8677
Election Amendment Act, 1982 (Bill 13). Second reading. (Hon. Mr. Wolfe)
Hon. Mr. Wolfe –– 8677
Mrs. Dailly –– 8678
Mr. Macdonald –– 8679
Mr. Davis –– 8680
Mr. Cocke –– 8680
Mr. Levi –– 8681
Hon. Mr. Fraser –– 8683
Mr. Ree –– 8684
Mr. Barber –– 8684
Mr. Gabelmann –– 8686
Mr. Brummet –– 8687
Mr. King –– 8688
Ms. Brown –– 8691
Hon. Mr. Wolfe –– 8692
Division –– 8694
Utilities Commission Amendment Act, 1982 (Bill 66). Hon. Mr. McClelland
Introduction and first reading –– 8694
FRIDAY, JULY 9, 1982
The House met at 10 a.m.
[Mr. Davidson in the chair.]
Prayers.
HON. MRS. McCARTHY:
I'm very pleased today to ask the House to introduce some distinguished
visitors who have very close ties to British Columbia. Their home is in
Great Britain and over the years they have had a very happy association
with our province, and we with them. I'd like the House to welcome the
Hon. Finn Guinness, Hon. Erskine Guinness and Lord Mulgrave; they are
accompanied by a very good friend of ours, Mr. John Humphries, and his
daughter Evelyn. Members of this House will know that it was the
grandfather of the Guinness boys who built our Lions Gate Bridge and
made other investments that have changed and enhanced the lives of many
people in our province by creating employment. Will the House give them
a warm welcome.
MS. SANFORD: Mr. Speaker, under the
provisions of standing order 35, I rise to move adjournment of the
House to debate a definite matter of urgent public importance.
DEPUTY SPEAKER: The member will briefly state the matter.
MS. SANFORD:
Unemployment rates have now reached staggering proportions. B.C.
citizens are reeling under an unemployment rate of 12.4 percent, with
150,000 British Columbians officially out of work. If you add to this
the hidden unemployed, those who don't qualify for inclusion in the
official figures because they are on layoff, or those who have given up
seeking non-existent jobs, the real total becomes 237,000, or an
absolutely incredible 16.4 percent of our people who are without work.
This government's employment development strategy is a shambles, as
evidenced by the number of unemployed young people and students. The
rate of unemployment for students who do not plan to return to school
in the fall now stands at an unprecedented 29.8 percent. We cannot, and
must not, ignore this problem any longer. I urge you, Mr. Speaker, to
give serious consideration to this matter, which is of the utmost
importance to every British Columbian.
DEPUTY SPEAKER:
Hon. member, the Chair will undertake to review the matter brought
forward, and to bring back a decision at the earliest opportunity.
HON. MR. McGEER:
On a point of order, some years ago I introduced a motion to the House
for adjournment under standing order 35, which was debated. It was the
first time in many years that the procedure had been used. Since that
time, the opposition has raised between 40 and 50 motions, all of which
have been found out of order by the Chair.
From time to time, Mr. Speaker, the Clerks have been good enough to hold sessions
with members to apprise them of the rules and procedures of the House. In view
of the number of occasions on which the House's time has been consumed by
frivolous motions under standing order 35, would the Chair take under advisement
the renewal of that system so that members would be better advised of the methods
by which the House works?
MR. KING:
On the same point of order, I would respectfully draw to the Speaker's
attention that the Clerks of the Legislative Assembly can in no way be
held responsible for the issue raised under standing order 35: namely,
the atrocious unemployment rate. That is a clear and direct
responsibility of the politicians in this Legislature, not the Clerks.
Orders of the Day
HON. MR. GARDOM: Second reading of Bill 62, Mr. Speaker.
ATTORNEY GENERAL STATUTES
AMENDMENT ACT, 1982
HON. MR. WILLIAMS: In moving
second reading of this bill, I will state that, as has been the case in
previous years. this legislation contains minor technical amendment to
a number of statutes which fall under the jurisdiction of the
Attorney-General's ministry. I am aware of members' concern about the
use of miscellaneous statutes for this purpose, but I wish to assure
them — and they will realize this when they read the bill which is
before the House — that there are no matters of a substantive nature,
and that they are, as I say, entirely technical. In the circumstances,
I believe that this bill, as on previous occasions. Is one more
effectively debated during, the committee stage. and I move second
reading.
Motion approved.
Bill 62, Attorney
General Statutes Amendment Act, 1982, read a second time and referred
to a Committee of the Whole House for consideration at the next sitting
of the House after today.
HON. MR. GARDOM: Second reading of Bill 13, Mr. Speaker.
ELECTION AMENDMENT ACT, 1982
HON. MR. WOLFE:
Mr. Speaker, it's with a great deal of pleasure that I present for the
consideration of the House these amendments to the Election Act,
entitled Election Amendment Act, 1982. A great deal of consideration
has gone into these amendments. As you know, this act has not been
debated for some time in this Legislature; I look forward to that
discussion and debate, because a great many of the amendments presented
here are worthwhile and positive in terms of both voters and candidates.
the outset, I'd like to stress that the changes introduced in the act
are really aimed at modernizing the election process — in other words.
making it more practical for the 1980s and the years following. That s
the primary intent of these amendments, many of which members are
already familiar with. I suppose the two that will have the most impact
on British Columbians are regular enumerations and polling-day
registration, and I'll briefly describe them.
[ Page 8678 ]
First,
in order to have an accurate, up-to-date and timely voters' list, the
amendment provides for regular enumerations between elections,
commencing in September of the second calendar year after the most
recent election. Secondly, in order to give every eligible British
Columbian an opportunity to vote, polling-day registration will allow
qualified individuals to register and vote on election day. This
particular vote is then counted on official count day, which is 12 days
after polling day. This provides ample time to verify that an
individual is eligible to vote.
Another major change is the
reduction of the election period itself. Thanks to improvements in
transportation and communications and a computerized voters' list, we
can reduce the election period from 38 to 29 days. I believe this
change will be welcomed by voters and candidates alike.
addition to these major changes is the removal of sections which
prohibit straw votes during elections and which demand an adequate
this particular provision is unnecessary and prejudicial, and no other
Canadian jurisdiction has it.
The Election Amendment Act,
1982, includes other administrative changes in the following
categories: eligibility of candidates, eligibility of voters, and even
the definition of time zones.
In the area of candidates, the
change clarifies the 12-month residency requirement of candidates and
legislates that candidates must be registered as voters no later than
closing day of the election for which they wish to file nomination
papers.
Included as part of the amendments concerning
eligibility of voters is the repeal of an old
section of the act that
could have disfranchised unmarried women.
On the matter of
time, the
section of the Election Act referring to standard time has
been removed, since
section 25(7) of the
Interpretation Act already
offers full reference to the matter of standard time.
Finally,
because of our continuous registration program, polling-day
registration of voters and regularized enumerations, the special
sittings of the courts of revision during an election period to remove
the names of certain voters from the voters' list are now unnecessary,
and therefore the applicable
section will be repealed.
With
these changes to current election legislation, I feel that British
Columbia is taking a significant step forward, and I think that all
members of this House should support these positive modernization moves
in the Election Act. Mr. Speaker, I move second reading.
MRS. DAILLY:
The official opposition has examined this bill very carefully. At first
we were delighted to know that the minister had actually brought in
some needed amendments to the Election Act. However, after going
through it very carefully, there is no way that the official opposition
could possibly support this act. We are going to vote against it. It is
shocking, Mr. Speaker, and the reason we're voting against it is that
this government — with its history of dirty tricks when it came to
campaign funding and financing — has not had the courage to bring in
what is in many other provinces: that is, a limitation on election
expenses and public disclosure of campaign donations. That you could
present to this House an Election Amendment Act, after your history as
a government through election periods, without putting that in is
simply beyond belief. There is no way that we could support this,
because of this glaring omission.
The people of British
Columbia in 1982 need to be brought up to modern days, not just with a
few minor amendments but with an actual public disclosure, written into
law, of all campaign funds over $100. They deserve the right to know
that parties who run in this province will run on more of an equal
footing, because they will know that there will be a limitation to
their election expenses — similar to the federal government. So for
that major reason we simply will not support it.
Another
glaring omission, Mr. Speaker, is the fact that left out of the
Election Act or appended to it — we believe it should be part of the
Election Act — is the whole matter of the selection and changes of
redistribution. I don't want to be out of order, but I believe it is
possible just to express our concern that that was not inserted into
this act. I have placed on the order paper, for consideration of the
House in committee stage, detailed recommendations for the setting up
of an impartial boundaries commission by an all-party committee on a
unanimous vote.
Interjections.
MRS. DAILLY: We hear laughter. Whenever we suggest fairness and justice in this Legislature, we get laughter from the other side.
back up the particular point I've made about the lack of a vital
section regarding the limitation of expenses — I'm going to be followed
by other speakers on this — I want to read, for the edification of the
House, the headlines that were prevalent throughout this province when
it became evident that there were many awkward questions to be answered
by the Social Credit Party and government for being unable to
differentiate between party and government when it came to the
expenditure of campaign funds and, may I say, some pretty obvious dirty
tricks. "Awkward Questions Proliferate"; "Socred Staff Given Cash to
Pay Bills"; "Bennett Muzzles Up"; "Bennett Dared by Opposition to
Explain Secret Funds"; "Dan Gave Me $1,000, McKay Says"; "Bennett
Bothered, Campbell Harassed"; "Full Donation Disclosure Essential";
"Campbell Fate Up in the Air"; "No Answers Emerge from the Premier's
Moving Lips"; "Socred Probe Finds $1,000 Bill Just". Can you imagine
it? They actually tried to whitewash that kind of behaviour coming out
of the Premier's office on campaign funds. "Bennett Still Mum on
Campbell's Future"; "Spending Discovered Before the Probe Began"; "RCMP
Again Delay Dirty Tricks Report"; "A-G to Probe Campbell's Role";
"Dirty Trick Investigations"; "Socred Veteran Linked to Controversy";
"Voting Map Charge Untrue"; and so on.
This government, ever
since they took office, throughout the election campaign periods they
have been involved in, have shown that if any government needs to have
presented to them a bill which involves limitation of campaign
expenditures and public disclosure of funds over $100, it's the Social
Credit government. The history of that government shows an almost
amoral political attitude, entirely, to the handling of funds during a
campaign: thousand-dollar bills being handed out from the Premier's
office without any justification; no true disclosure of who the
campaign donors are.
The point is, if a government is
allowed to continue to get away with this in future election campaigns,
the true democratic vote of the people of B.C. will be thwarted,
because the
[ Page
8679 ]
people have to know that the parties who are running in this campaign
are running without any sleaze attached to their funding, openly and aboveboard,
so people know that people are not possibly going to be paid under the table
to ensure a vote. All this should never even appear to be done in 1982. Until
that minister, the Provincial Secretary (Hon. Mr. Wolfe), who can do it, brings
in a complete elections limitations act with full public disclosure of campaign
funds, this official opposition cannot support it.
DEPUTY SPEAKER:
Hon. members, before recognizing the second member for Vancouver East I
must remind members that we are discussing the principle of a bill
before us which covers what is written. I'm sure that on reflection the
member who has just taken her seat will agree that she was allowed some
latitude to go beyond the actual scope of the bill before us. I would
caution all members, particularly in this second reading stage.
MR. MACDONALD:
The Provincial Secretary has brought before the House a bill that he
says will make for fairer elections in the province of British
Columbia. The subject matter of this bill is whether or not we do have
fair elections in the province of British Columbia.
The
Provincial Secretary has proposed certain modifications in the existing
law, and some of those I approve of; but as the member for Burnaby
North (Mrs. Dailly) has pointed out, this bill leaves the incipient
corruption that has crept into our electoral processes — particularly
under the Social Credit government in the last seven years — intact.
There can still be two campaign funds for the Social Credit Party: one
run out of the Premier's office by the Ontario Big Blue Machine boys
who have come west and another run from Social Credit Party
headquarters. There can still be false election returns as to the total
spent by the Social Credit Party, and no prosecution by the
Attorney-General (Hon. Mr. Williams). We've seen all these things.
There can still be campaign donors who receive concessions from
government after donating campaign funds in secrecy to the government
party.
When we look at the bill that is now before the House
and compare it with Ontario, what have they got? A code of ethical
practices to be used at election time. You look at Alberta, which is
not a radical province — since the time of Bill Aberhart, anyway — and
they provide for clean electoral processes. Their act is called the
Election Finances and Contributions Disclosure Act. That is the very
nettle that this government, of course, will not be allowed to touch.
When the Minister of Consumer and Corporate Affairs (Hon. Mr. Hyndman) has
dinner with a man called Peter Brown — he comes from a good B.C. family — they
drink Pouilly-Fuisse wine at $37.50 a bottle. Peter Brown just happens to be
a major fund contributor to the Social Credit Party. Peter Brown just happens
to have had his dinner provided for him that night at the taxpayers' expense.
but his activities in terms of collecting funds for the Social Credit Party
are to remain secret. That's it, eh? That's the name of the game. Does
he go to the breweries and collect campaign funds from them, and as a result
of that have the prices of beer by the keg and by the glass deregulated by this
government, resulting in an increase of maybe 75 percent in a few months'
time to the beer drinkers of B.C.? Is that scenario possible? They want secrecy
so none of that can come to light. They don't want it known that the Olma
brothers contribute money to the campaign funds of Social Credit candidates,
and then they get land cheap off the....
Let's
have disclosure; we're in favour of disclosure. We're in favour of
control of election expenses. We're in favour of the kind of
legislation they have in the province of Quebec or Alberta or Ontario —
or even the Canada Elections Act — but don't bring legislation of this
kind into the House and say you're cleaning up the electoral process of
the province of British Columbia when you have a gerrymander that is
still sitting there and that Derril Warren, under the terms of the
order-in-council, has been told in effect not to touch; when you have
something like Gracie's Finger; and when the ombudsman. appointed by
the unanimous vote of a committee of this House....
DEPUTY SPEAKER: On a point of order, the Provincial Secretary.
HON. MR. WOLFE:
As you pointed out earlier quite correctly, Mr. Speaker, the current
line of discussion of the member appears to be out of order under the
amendments to this act. This act does not have to do with electoral
boundary reform or electoral commissions.
DEPUTY SPEAKER:
The point of order by the Provincial Secretary reflects very closely
earlier comments made by the Chair, and I would commend those remarks
to members addressing the particular bill before us. I'm sure the
second member for Vancouver East is fully aware of the rules of the
House regarding what we may and may not discuss in second reading.
On a point of order, the member for Prince Rupert.
MR. LEA:
We are in second reading, are we not, where we're discussing the
principle of the bill? Is Mr. Speaker saying that in discussing the
broad principle of this bill we can't discuss what we don't like about
the bill in principle, what we'd like to see in the bill in principle,
and the reasons for it? I thought that was what second reading was all
about.
DEPUTY SPEAKER: The member is fully aware of
the rules of the House. The Chair is not here to instruct members on
what they may or may not say. but merely to advise them when they are
possibly crossing the bounds that do guide us.
MR. LEA:
I think I have pretty succinctly stated the rules of second reading,
debate. It doesn't seem to me that there is any out-of-order....
DEPUTY SPEAKER: The rules also have limitations which we must adhere to in second reading.
MR. LEA: I can understand why the Provincial Secretary would be upset.
HON. MR. WOLFE:
Mr. Speaker, the Provincial Secretary is not upset, but he's pointing
out that in the current line of debate engaged in by the second member
for Vancouver East, he's making various proposals about what this bill
lacks, and in those proposals he's also including matters which do not
come under the Election Act. With all due respect, Mr. Speaker, they
come under other areas, which can be discussed during my estimates and
so on. I only point out that in the proposals which he finds to be a
shortfall, he is
[ Page 8680 ]
engaged in matters which do not come under the Election Act.
MR. MACDONALD: Mr. Chairman, the Provincial Secretary has billed this as a clean-up or a partial clean-up of the Election Act, is that right?
HON. MR. WOLFE: A modernization.
MR. MACDONALD: I say you're in the dark ages insofar as campaign
fund contributions are concerned. You say it's modernization. I say there
isn't a civilized democratic jurisdiction anywhere that I can think of —
name two — which doesn't have election expense legislation.
HON. MR. WOLFE: I'll name five.
MR. MACDONALD: Give me some.
MR. BARRETT: Argentina, Russia....
MR. MACDONALD:
Yes, I know — Romania. I suggest that it's time that we did modernize.
That's what your Provincial Secretary is calling upon the ranks to do,
modernize election machinery — and the only words I would add to
modernization are: "And while you're at it, clean it up!" Because it
isn't good the way things are going electorally in this province of
British Columbia, and people out there have got a very good sense that
they were conned and that the last election was stolen as a result of
gerrymandering and using the computer printouts of voting patterns and
all that — very scientific, very tricky and very corrupt. The last
election was stolen.
This little election bill that is
introduced at the present time, Mr. Speaker, which is supposed to
modernize the law, will not enable the people to know how much money
Spetifore gave to the Social Credit Party prior to his land coming out
of the agricultural land reserve, and he making.... How much? We don't
know how many millions, but it's over a couple of hundred million
dollars; that's not chicken-feed. But you want all that kept secret. I
say that it's about time we had open government and the kind of
legislation that they have, Mr. Speaker, in the province of Quebec. I
even referred to the legislation in Alberta, which isn't particularly
progressive in these matters, and the province of Ontario. But there is
one man who refuses to allow disclosure of campaign contributions in
this province, and unfortunately that is the Premier of the province of
British Columbia.
MR. DAVIS: Mr. Speaker, the members
opposite have been talking about the financial aspects of the Election
Act. I gather that the bill before us deals with other matters than
those which are essentially financial in nature, but in that they have
said a few words about financing elections, I would also like to
comment in a similar vein. The hon. second member for Vancouver East
talks about incipient corruption; he's talking about financing the
election of individual MLAs.
Well, this takes various forms, and there is one obvious corruption of the
essential democratic — or supposedly democratic — nature of our elections in
this province, and that's the union check-off. I've run twice provincially,
both times against people who had a close affiliation with the B.C. Federation
of Labour: the present member for North Island (Mr. Gabelmann), and in the last
election in 1979, Joy Langan, who was a vice-president of the B.C. Federation
of Labour. In 1975 the then sitting member from the NDP spent more money on
his non-election than any other member of the NDP; he certainly had the services,
very visibly, of numerous members — free time, allegedly — of the B.C. Federation
of Labour, but he was well funded.
all know that there are union check-off provisions. Various unions
collect, in effect, a political fund from their membership, and many of
their members are not followers of the NDP. A large number of their
members have never voted NDP, but they must contribute to the NDP. To
use the terms used by the member for Vancouver East, it is an obvious
corruption of the democratic process. If we want to talk finances,
let's get down to it and talk financing of election campaigns.
think that the checkoff of union dues is undemocratic, and the NDP, to
the extent they take advantage of it, should be ashamed. If we're going
to have a bill which deals with financing of elections we should have a
bill which prohibits the checkoff for political purposes of union dues.
DEPUTY SPEAKER:
Hon. members, there is tendency to stray from the bill before us. Let
me just read from Sir Erskine May's eighteenth edition regarding second
reading. "Debate on the stages of a bill should be confined to the bill
and should not be extended to a criticism of administration or the
provisions of other bills." While latitude is always allowed in debate
on second reading, clearly the direction the debate is now taking goes
well beyond the casual reference to that particular section. I would
commend that to all members.
MR. COCKE: Mr. Speaker,
I was very interested in the remarks that I've heard with respect to
Bill 13, both from the minister and subsequently from the member for
North Vancouver–Seymour (Mr. Davis). The minister is modernizing the
act.
Incidentally, Mr. Speaker, when you open up
an act for
amendment, then you're opening up the entire act, and if the act has
some faults then those faults should be pointed out, because there is
no time one can do that other than in the estimates of the minister, at
which point it's lost in all the kafuffle. If, for instance, we waited
until the minister's estimates to discuss the questions raised by this
act, we would probably be called out of order for discussing something
that was before us under Bill 13.
The member for North
Vancouver–Seymour is so shortsighted that his glasses can't get him
around the corner. Mr. Speaker, he talks about what he calls a checkoff
for trade unions — five cents a month, incidentally, for their
membership....
AN HON. MEMBER: For 25,000 people.
MR. COCKE:
Yes, for 25,000 people, to provide membership in the New Democratic
Party, all upfront, all out in the open, while corporations, their
directors.... People working for them have absolutely no say in those
massive donations made to that little party over there. I'll take our
system any day. It's open and honest, and we would be only too happy to
have disclosure of every single cent that we get. And we do disclose
it. What are we hiding behind? What are
[ Page 8681 ]
you
hiding behind over there? We heard about Danny Campbell throwing
thousand-dollar bills around in the last election. Is Danny coming
back? What a bunch! What total hypocrisy we hear, Mr. Speaker.
The
democratic right of any union is to take a vote if they wish to....
Incidentally, I'm very sad that there aren't a lot more unions
affiliated with the NDP, but that's neither here not there. One of the
things we also insist upon, since you've opened up the subject, is that
anybody who comes to a convention of the NDP must be a card-carrying
member individually as well. Mr. Speaker, it is open, it's aboveboard,
and I would love to see the Social Credit Party get up and announce
today that they're going to disclose where their money comes from.
suggest that we have before us some minor alterations to the Election
Act. There are some aspects of it that I do rather appreciate. I think
that there has been some modernization. But one of the things I'm
tempted to do is suggest that there are areas that have not been
covered, such as that old-fashioned system that the ruling party is the
first party on the ballot.
HON. MR. FRASER: Alphabetical.
MR. COCKE: Alphabetical, Alex. Change your name and you'll be first on the ballot.
do have an old-fashioned act and we have not gone far enough, in my
view, with this bill. I would like to spend what time I'm going to have
around some of the amendments that you see before you on the order
paper. I would also like to take some time specifically on the sections
as we come to them. I must confess that when I hear a former minister,
and a member of the federal cabinet at one time, jump up and indicate
that there's something rather unholy about the way we finance
ourselves.... Believe me, we have a tough time financing ourselves
because we are so restrictive with ourselves. We are perfectly open and
above-board on every aspect of the way we obtain funds. All we want to
do is get something going so that it's even-handed.
I do
wish there was disclosure. I do wish we would really modernize this
act. If we did, we would not have the suspicion and headlines that go
on year after year. All politicians would then be held in better
repute. We're never going to be held in good repute as long as there
are things that are hidden things that don't need to be hidden. I
believe the most sensitive area of election campaigning is the whole
question of election financing.
MR. LEVI: When the
minister closes the debate I'd like to hear from him, if he can speak
on behalf of the government — and presumably he can speak on behalf of
his political party — a statement like the one made many years ago on
this side of the House. At that time, back in the mid-sixties, I was
president of the party. We said we were quite prepared to open our
books to the public, providing that the Social Credit Party and any
other party operating in the province would do exactly the same thing.
AN HON. MEMBER: The Nanaimo Commonwealth Society.
MR. LEVI:
The Nanaimo Commonwealth Society is subject to reporting under the
Society Act. There's nothing wrong or devious about that. Let's deal
with the bill and the issue of disclosure.
We've been
waiting for some 16 years for that government over there to take up the
offer. We will willingly show you our books if you'll show us your
books. It's very straightforward. It seemed we were fast approaching
that particular mode of operation last year when the late Hugh Harris,
the executive secretary of the Social Credit Party — quite a remarkable
man in his own way — said, in an interview in the Sun on
December 22, 1979, that every penny spent by Social Credit in the next
election would come under the jurisdiction of the party's head office:
"That is a commitment. I will be going over any filings or any
statements under the Society Act or the Election Act with a fine tooth
comb, and when I say they are right and they are accurate, they will
be."
For as long as this province has been in existence —
certainly over the last 50 or 60 years — we have had recurring debates
in this Legislature about honesty and veracity in respect to election
expenses. The present government campaigned in t975 that there would be
an election expenses bill and revisions to the Election Act. After the
1979 election, the then Provincial Secretary was horrified by the state
of the Election Act. The important thing is that here we are in the
eighties, and we can really stop kidding around about how important
this process is. I recall very well that in April 1978 we got up on
this side to ask questions of various ministers of the government about
whether they received any particular favours from an airline during the
1975 election. That was mostly for freight services. We hadn't intended
to catch anybody, but we wound up catching the then Minister of
Transport and Communications. It was not something we were aware of;
what we were interested in finding out was whether the government
members received any special favours from PWA. We never did find that
out, because we got off on an entirely different matter affecting the
member from Capilano.
Sooner or later we are going to have
an understanding in this House that you can't expect to escape the
public criticism you get in amending an Election Act when you are doing
it when there's a great deal of election fever around. For years people
have said that its time the whole election process in this province was
put under a continuing review system, with a permanent election
committee made up of appointed people from both sides of the House — we
can do that — in which the whole process is reviewed and upgraded,
particularly in relation to representation by population and just
exactly what needs to be done for fair representation. That can be done
without all of this acrimony that we get from time to time because
there's always a last-minute attempt to amend the Election Act, to
change the boundaries. It all becomes very highly political.
The
thing that concerns me the most is that Canada and this province are
very remarkable jurisdictions in the world today. When you look at both
sides of this House in terms of the members, their backgrounds, their
social and economic status, you say to yourself that probably Canada is
the last jurisdiction — certainly in North America — where the average
person can actually seek to run for public office, be elected, and not
have to come up with a lot of money of his own. That's worth
protecting. That's part of the election process. That's one of the
reasons we need very badly to look at the financial side of elections.
That's why we've had some debate, Mr. Speaker, about the whole question
of financial
[ Page 8682 ]
disclosure.
If we do not come to grips with financial disclosure, I suggest that
we'll destroy a system that at this moment is unique in North America.
When I can be elected in this House not because I have a great deal of
money, or the member for Kootenay (Mr. Segarty), who was an IWA worker,
or my colleague the member for North Island (Mr. Gabelmann), because he
works as a researcher.... Everybody has an equal opportunity, and
that's worth defending. But if you're going to skew the balance....
The balance does get skewed, because if we don't have disclosure we
never completely know who is contributing to parties.
[Mr. Strachan in the chair.]
The
member from Capilano wanted to make great hay about the unions. With
unions it's open; the declaration is there. When he was the member for
North Island, when he was in Burnaby-Seymour.... It was all disclosed.
Everybody discloses these things. We are prepared to go even one step
further, but we can't get the government to decide to do it. Open your
books. We'll open our books. We'll sit down and we'll get an impartial
party to look at them. Because if we don't eventually arrive at that,
we're going to destroy the system and we'll find a very select — almost
elite — kind of people sitting in this place. It's something that we've
been moving away from. That's how we started 100 years ago in this
province: you had to have money, you had to have property, and that's
the way you got into this House.
The perpetuation of our
system hinges on a candidness and disclosure about money. The
government made this an issue in the 1975 election and have done
nothing in seven years. I would have thought — any reasonable person
would have thought — that after that whole mess in 1979 with that whole
dirty tricks thing, and with all of the things that my colleague the
member for Burnaby North (Mrs. Dailly) talked about, the government
would have been seriously concerned and would have looked at it. One
has to be suspicious as to why they didn't look at it. Here we are,
almost at the eleventh hour. I'm not trying to anticipate what the
government's going to do election-wise; we usually look at a three- to
three-and-a-half-year rule in this province in terms of elections. And
here we are in the midst of election fever — there is election fever —
and we're going to start messing around with boundaries. We've got an
Election Act which is far from what it should be, and a complete
repudiation of a piece of policy that the Premier and other members
went on the platform for in 1975 and 1979 and said they would do: that
is, there would be a proper disclosure, there would be an election
finances bill, there would be limitation on expenditures.
need that; otherwise, this place is going to be full of Peter
Pocklingtons, and we don't want that. I want to see average working
people have an opportunity to get into this House because of the ground
rules that we have. We do need to alter some of them to make them
fixed, but I don't want to see this become an elitist place.
is a burden on the part of the government — and on the opposition, but
mostly on the government, because they draft the bills — that you have
to look very closely at perpetuating a worthwhile system. I must say
that because of what is missing from this bill, one becomes highly
suspicious that all you have in mind is perpetuating yourself in power,
and you're not prepared to address the real issues. It's short-range
and totally devoid of any real interest in the province.
It's
a serious issue, It's been a serious issue for years. For the last 30
years we've had debates in this House which have eventually, as a
result of various disclosures.... One individual went to jail because
of some problems and favours, Al Williamson. They were not pleasant
times; it was not pleasant to see that kind of thing happen. What we
lacked then and what we lack now is that kind of disclosure which would
avoid all this kind of problem.
Sure, from time to time in
this House we can get not quite so partisan and took at the system
itself and evaluate whether it's worth perpetuating; and it is. The
system is worthwhile in terms of the eligibility for being in this
place, but if we don't address the financial questions we're going to
turn it over to a bunch of elitists, and that's very dangerous. That's
one of the terrible shortcomings.
I want to say only one
thing in respect to the redistribution commission. I don't want to talk
about Mr. Warren, but surely the government should have thought very
closely about the undesirability of appointing one single commissioner
to look at the whole redistribution question. After all, again we had a
single commissioner looking at redistribution. Because of his
background and everything, it became very difficult for the public to
really believe that.... Why should anybody be subject to that? In 1975
there was a three man commission. There's nothing wrong with that. Why
not?
I'm saying to the minister that he's going to have to
look at this bill in terms of fixing in the legislation some procedures
which people understand, which are open and candid, and one of them has
got to be a permanent commission on boundaries and representation, a
vehicle for the whole question of financial disclosure. There has to
be, for instance, an opportunity for individual members to be able to
deal with a body of people with problems. I'll give you an example. In
my riding there are some 40,000 people, and we have 15 polls. In the
last election, there were 3,500 people in one poll in a school. That
relates to a problem which is not fixed in the act, but is one of the
practical problems of how you run an election.
In Alberta,
for instance, part of their election act says certain public buildings,
mostly schools, will be made available for polling stations. We don't
have that kind of legislation. It's amazing. Sometimes you can have a
polling station in a school, and you find, because of the activities in
the school, that the polling station is confined to a side room that
might have been the staff room. There's an obligation on the part of
the minister to look at facilities for the voter. We're not just
talking about candidates; we're talking about voters. Where they have
to climb over one another to go vote, where there's great confusion
because there isn't enough room — that's not something that the
Provincial Secretary or individual members should have to deal with. We
need some vehicle, a continuing election reform commission, if you will
call it that, which people can go to and say: these are the
requirements for the benefit of the voter. We don't talk very often
about the voter here. That's what we need.
If we don't get
away from this partisanship, this hostility, I'm very skeptical that we
could lose the most worthwhile system that exists in the western world,
in terms of the ability of the average citizen of this province to get
in here. The government has failed to took at that. In fact, there is
nothing implicit in the bill that in any way makes one think about a
philosophy that they have about the whole machine that makes our
province operate. That's very unfortunate. One gets the impression that
everything is done on such a hard-
[ Page 8683 ]
nosed
partisan basis, with a great deal of suspicion that in the whole
business of the struggle we'll lose the system. There are aspects of
this bill, which obviously we — with my colleague, the debate leader —
can deal with in some detail in committee stage. But it falls far short
of what is required today in this province, particularly in the light
of the experience of the government over the last four years. No
vehicle has been provided.
I want to re-emphasize that I
frankly deplore the appointment of single commissioners. I mean no ill
will to Mr. Warren. That's the job he's accepted as a good citizen. The
point is that nobody should be put in a position like that. It's an
onerous job and there should be a minimum of three people doing it. We
have enough people in this province who are prepared to serve
government. To do it on a single-person commission is entirely wrong,
and doesn't produce the kinds of results that are in the best interests
of the continuing democracy that exists in this province. It's
extremely unfortunate.
HON. MR. FRASER: I want to say a few words under this fine new Election Act.
MR. LEVI: Alex, you didn't listen to a thing.
HON. MR. FRASER:
Mr. Speaker, that member over there never said anything at all about
the Election Act that's before us. He was completely out of order the
whole time he talked. We're getting the same message from the
suspicious socialists. They're suspicious of everything and anything.
They're suspicious of this bill, and are also making the observation
that other things should be in it. Why don't you talk about what is in
it? It does modernize the Election Act. It brings us into the twentieth
century. I'd like to take this opportunity — I don't have very many —
to congratulate the minister who brought it in.
Interjection.
HON. MR. FRASER:
If you let that member be out of order all the time he spoke, Mr.
Speaker, I'd like to go out of order now for about two minutes. I'd
like to make an observation regarding things that are missing from the
bill. I'll deal with one item that that member talked about.
think it's a lot better to have a one-person commission than a
three-person commission like your government had — and you never paid
any attention to their recommendations, You had lots of chances. Do you
know where the recommendations of the three man-commission are? They're
still in Ernie Hall's desk. Absolutely nothing was done by you people
from 1972 to 1975. Now you come along here when we're upgrading the
Election Act, and you say that it isn't good enough. Don't give me that
guff. You were government. That man over in the corner was one of them.
He's the one that had the $100 million typographical error.
MR. LEVI: That's $50 million less than yours.
HON. MR. FRASER: Don't talk about mine.
[Mr. Davidson in the chair.]
Back
to the bill. I know that it modernizes the Election Act. It was long
overdue. I don't accept the fact that other things should have been
addressed. We have addressed very important things to do with the
voters themselves.
The first thing I'd like to point out is
that polling day registration and regular enumerations will not come as
a surprise. The minister has already said that. Our government has
promised these, and here they are in this bill. Polling-day
registration will allow qualified British Columbians who do not
register before election day to register and vote on polling day, using
special ballot envelopes. This is a very important item in the Election
Act. I think most of the members know, but citizens in our province
didn't know, that when they were allowed to vote in the past on
election day and weren't on the list, they were allowed to vote, but
the votes were never counted. This corrects that. This allows these
people to register. vote and have the vote counted. That's a big change
right there, and it's the biggest and most significant change I see in
the bill.
The other thing that is very important in this
bill is that regular provincewide enumerations will commence in
September of the second calendar year following a general election.
This is very important. It not only brings the Election Act up to date,
but it also ensures that it will continue to be up to date. I think
that's very important.
Those people over there have
hollered. We've all wanted some revisions. The 1979, 1975 1972 and 1969
voters' lists, or whatever, we're certainly out of date. Probably up to
30 percent of the voters on the 1972, 1975 and 1979 voters' list didn't
exist. That's how bad it was. People moving out of the province, people
deceased, etc., were added to the list. This government has cleaned up
that list. We have an up-to-date list, and in this act we also go on to
say that we're going to keep it up regardless of what happens.
The
other item that I'd like to mention here is the reduction of the 38-day
election period to 29 days. Again, this is an item of modernization.
First of all, I would like to speak on behalf of some voters I know.
They get fed up to the teeth with us campaigning for 38 days. They've
had enough of us, usually, in two weeks. This cuts it back nine days,
and I think that will be well thought of by all the voters and all the
candidates, regardless of party, because it is quite an ordeal. When
you have a postage-stamp riding like the city of Victoria, it's one
thing, but when you have a riding like I have the honour to represent —
the Cariboo — which is 400 miles long and 400 miles wide, with people
everywhere.... I can't even get around to the 110 polls in my
riding in 38 days, so I'm going to have to do a little more planning. I
still think that our people agree that we are doing all British
Columbians a favour by reducing the actual campaign to 29 days.
MR. HANSON: Your riding is all four-lane, too.
HON. MR. FRASER:
Well, I don't want to get into that. British Columbia, Mr. Speaker, is
also a first in our great country of Canada to have the administration
of the voters' list successfully computerized. I would like to
congratulate the minister and his staff for achieving that. The only
thing I worry about with computers is the person that is punching the
computer — that they don't make any mistakes in what they feed into
them. Certainly it has updated the way the whole world is going, and
I'm glad to see that that's happened. Mr. Speaker. I think that's all I
have to say. It's a step forward in modernization. Never mind us, the
MLAs; the citizens of British Columbia will all look forward to this
being instituted. With those observations, I will sit down and try and
[ Page 8684 ]
make those members talk about what's in the bill, instead of what's not in the bill.
MR. REE:
Mr. Speaker, I have to concur with the comments of the member for the
Cariboo. He made his observation only with respect to the member for
Maillardville-Coquitlam (Mr. Levi), but none of the members from the
opposition.... Not one of them that stood up and spoke, spoke on
this bill in front of us. They spoke on deficiencies. They're going to
vote against this bill. They are against the shortened campaign period
and voter registration on election day. They are against an updated
enumeration list. This is what they are going to vote against, and this
what they've indicated to us here with their leadoff speaker. This is
not a positive opposition we've got; it's a knocking opposition.
That's what they do: they knock this bill, they knock the Canadian
Imperial Bank of Commerce, and they'll knock anything else that is part
of the institution of this country and supports this country.
They
were in government for three years, Mr. Speaker. Do you think they did
anything to amend this act? No. Now they stand up and complain. They
talk about corrupt practices. I don't think there was anything more
corrupt that the practices than were carried out in the election of
1975. I know. I worked in that election; I saw what took place in that
election. I had the opportunity to go into the Vancouver-Burrard
returning office after that election. I arrived there at I I o'clock at
night. There were unopened ballot boxes, unsealed ballot boxes — no
padlocks on it. There were a great number of supporters of the NDP
around. I suggested to the returning officer at that time that possibly
the ballot boxes should be sealed, should be locked, and asked whether
they would do it. No, Mr. Speaker, they wouldn't, so I proceeded to do
it in their presence, because somebody had to do it.
In that
election they appointed returning officers not on competence — not
returning officers that had previous experience — but on political
affiliation. Out of 46 returning officers in this province, they
appointed 40 brand-new returning officers. Yes, we had problems after
that election with returning officers that didn't know what they were
doing. The chief electoral officer had difficulties in getting
balancing as to what happened with ballots that could not be accounted
for. Corrupt practices? We know what happened in 1975 in the way that
election was conducted, Mr. Speaker.
Interjection.
MR. REE: You wouldn't have the time of any day.
Mr.
Speaker, these things took place. This amendment to the Election Act is
certainly long overdue, and I think that the minister is to be
commended. I think the updating of voters' lists between elections is
an excellent change, because we have found after the last few elections
that many voters who believed they were on the list were not on the
list. I think we're going to find that with the updating of the voters'
list there are going to be fewer rejected ballots and fewer
envelope-registration ballots on voting day. We're going to have more
voters' ballots that count in an election. We'll get a better
indication of the public's desires. And that can only assist the
re-election of this party, because when we get the full desires of the
public, we know what they'll want. They won't want irresponsible
ex-members of cabinet sounding off without doing appropriate research.
There
are people who do not have an opportunity to get registered for one
reason or another, and to be able to go in and vote on election day and
be registered at that time can, I think, only serve to better meet
voters' desires.
To reduce the time to 29 days from the
previous 38-day minimum time can only save the public dollars by
reducing the cost of the election to the province. I think it still
provides more than adequate time to have the voters choose the
candidates they wish to support.
I have to associate with my
colleague from North Vancouver–Seymour (Mr. Davis) on his comments
about election contributions. In some ways maybe this amendment doesn't
go far enough. Maybe we should have further election-expense reporting,
because we would see then, Mr. Speaker, the contributions by the unions
to the NDP; we would see the contributions through their unions of
people who don't support the NDP. I think that would be excellent in
showing that. In addition it would show, because it might involve value
too, workers who are fully employed in union-organizing being allocated
to assist the NDP. It might also show the NDP supporters who are sent
from other provinces, who come out to British Columbia to influence the
voters of British Columbia. People from other parts of Canada come out
and have an influence. That might also show, and that might be good. I
think it's certainly worth looking at, because we might....
Interjection.
MR. REE:
We had the NDP, and they didn't want to do it. They had three years of
government — 1972-75 — and they didn't make any amendments. They didn't
want to do it, but when they're sitting in opposition they'll holler
and scream, because they know they can't do it now. When they're
government, I don't think you'll see them doing it, because they don't
want to indicate where their support comes from.
I think
this is a good bill, Mr. Speaker — through you to the minister — and
because it has good things in it, I'll be only too happy to support it.
I don't knock something because of what's not there. If what is there
is good, I will support that, and I think that is a proposition the
opposition should accept. We can take from their vote that they don't
support any of the propositions that are in this amendment.
MR. BARBER:
Mr. Speaker, in regard to campaign financing, what does this bill
provide? Business as usual for Social Credit. In regard to campaign
disclosures, what does this bill provide? Once again, business as usual
for Social Credit. What is the usual business of Social Credit when it
comes to campaign contributions and campaign disclosure? It is the
business of Dan Campbell handing out unmarked $1,000 bills. It is the
business of Social Credit deliberately misreporting its actual campaign
expenditures in 1979. What is business as usual for Social Credit? It
is receiving campaign donations in secret from owners of agricultural
land, who are then spontaneously awarded the exclusion of those lands
from the agricultural land reserve. What is business as usual for
Social Credit which is perpetuated under this bill? It is a history of
political patronage and purchase of elections with no control on
expenditures and no requirement for disclosure.
By way of
illustration, the Victoria Labour Council contributed to the campaigns
of myself and Mr. Hanson in the last general election in this province.
Do you know how
[ Page
8685 ]
much
they contributed? Let me disclose it now, although it's been disclosed
before: $100. The Victoria Labour Council also contributed to our
campaign in Victoria in 1975. That sum was somewhat less. It was $25.
heard the specious remarks of the member for North Vancouver–Seymour
(Mr. Davis). He said: "I think maybe this bill falls short in that it
does not deal with" — from his point of view — "the problem of checkoff
of union dues." My colleague from New Westminster indicated that the
checkoff is five cents a month. It's important to note that the
checkoff originates in a publicly held and publicly reported majority
vote of the members of that trade union. By the way, the executives of
those individual trade union locals are annually elected in a public
vote which is publicly disclosed.
In turn, when the
shareholders of British Columbia Forest Products, shall we say, have
the assets of their company contributed in some measure to Social
Credit, is a vote taken? No. Do the shareholders have a vote in that
campaign donation to Social Credit? No, they do not. Is there any
requirement that they do so under this bill? No, there is not. In
regard to campaign finance and disclosure, this bill provides for
business as usual for Social Credit. The danger in that is of
continuing the corrupt practices that became so well known following
the 1979 general election, generally known as "dirty tricks."
Why
is it in the interest of Social Credit to want business as usual to
prevail? Why is it in the political interest of the authors of this
bill — who are, of course, the Premier of this province and the late
Mr. Harris — to have business as usual prevail? It may well be that
they don't think they can win the election any other way. It may well
be that without the ability to continue to receive massive campaign
donations under the table, unreported and spent, they believe they may
not be able to get back into power in the next election.
they had nothing to hide, they would have nothing to fear from
disclosure. If they had nothing to hide, they would have nothing to
fear from campaign contribution limits. The national government has
established such limits. The government of the United States of
America, the largest democracy in the world, has been able to establish
such limits. But in British Columbia, under this bill it's business as
usual for Social Credit.
The usual business of Social Credit
was seen in the 1979 election. Shortly thereafter, the leader of that
party and Premier of this province announced he would set up a
committee on ethical campaign practices. Did that committee ever meet?
No. Did that committee ever do any business of any order? No. Did that
committee recommend a ceiling on campaign contributions and full
disclosure? No. The committee that the Premier promised under Social
Credit, as a committee of his own party, was never even convened, much
less given any business to do. That practice, that deceit and political
hypocrisy, continues to this day.
One other illustration
will serve. In 1980, the official opposition moved, on opening day, a
motion to establish a committee on fair election practices. On opening
day that year the vote passed, because the government had no choice but
to accept it. In 1980 and 1981, therefore, the Legislature established
a committee on fair election practices.
However, the opposition can't call the meetings. The proposition that the opposition
could call the meetings is unheard of in the British system; so we had to wait
for the government to call a meeting of that committee. When was that meeting
called? Was it within a day of the formation of that committee on fair election
practices of the Legislature of British Columbia? No. Was it within a week?
No. Was it within a month of the motion passing on the floor of this House?
No. Was it called within a year or two or three? No, it wasn't. No. It never
will be. The government accepted the motion and refused to allow the committee
on fair election practices to sit. It was deceit, it was hypocrisy, it was business
as usual for Social Credit. They accepted the motion, but they never allowed
the committee to work.
we had a committee on fair election practices, a bipartisan committee
representing both sides of this House, we would have a better elections
bill today; but we don't. Instead, we have a government which has
always been a party of privilege and corruption. The privilege and
corruption historically associated with Social Credit is a disgrace
which should see them thrown out of office at the next general
election, and in
part it will, If that committee had been allowed to
meet, we may well have seen in this bill today restrictions on campaign
contributions, requirements for campaign disclosure, and the end of the
sordid saga of dirty tricks the characterized the Socred conduct during
the 1979 general election.
The Social Credit member who just
took his place said he thought there was something curious about
persons coming from outside the province to work on election campaigns
on behalf of the New Democratic Party. We have been doing that for
years in this party and in the history of the social democratic
movement of this country. We have been doing-it under the CCF and the
NDP; we have been doing it openly, publicly and proudly The Canadian
house is one house. A New Democrat in British Columbia has the same
principles as a New Democrat in Saskatchewan. A New Democrat in British
Columbia has the same principles as a New Democrat in Ontario, What
principles in common can be found among the members of the Social
Credit Party in Canada? If you could even find such members, you could
not find such principles. When New Democrats come as Canadians to work
in provincial elections across Canada, they do so openly, publicly and
proudly. In 1975, insurance agents seconded from companies back east
were flown at company expense to British Columbia, where they worked to
defeat the government that had introduced public auto insurance. Did we
hear any complaints from Social Credit then? Not a one. Insurance
agents by the hundreds, paid by the companies that employed them, but
did we hear a single complaint from Social Credit? Not a single one.
When
the Socred member who just spoke said that maybe we should place a
value on the work of those persons seconded to political campaigns by
the NDP, did he mean the insurance agents? Did he mean the realtors?
Did he mean the used car dealers? Did he mean the owners of
agricultural land who want out of the reserve? We think he did not. But
if by chance he did, then let it be done. Let those disclosures be made
on both sides. The record shows that we have always disclosed to anyone
who asked — and we've made a point of doing so — who worked for us and
who contributed. We have made the challenge for years that if the
Social Credit Party opens its books in their entirety, we'll do the
same and we offer to do it first. Have they ever replied to that
challenge? Never, not once, not at all. If the Socreds had nothing to
hide, they would have nothing to fear from full disclosure. This bill
provides no disclosure.
The very least this bill should do is duplicate the system that now exists regarding the conduct, the financing and the
[ Page 8686 ]
disclosures
of federal elections. The national government is far in advance of us.
The very least this bill should do is bring us up to the national
standard. However, it might be better to go further than the national
statute in a number of areas. My colleagues will be referring to that
shortly.
This bill provides that Social Credit may, if it
should wish, buy its way back into office next time. This bill sets no
limit on campaign contributions — none. This bill sets no limit on
campaign expenditures — none. This bill makes no requirement for
disclosure — none at all. Why is Social Credit ashamed of those who
contribute to its coffers? Why is Social Credit ashamed of donations
they receive from corporations? Why are they ashamed of the way they
finance their campaigns? If they were not ashamed, they would not
continue to finance those campaigns under the table, in secret, in the
dark, as they have always done.
Any Socred who wishes to see
the campaign contributions received by me and Mr. Hanson need only ask.
We're not ashamed. We hide nothing. We'll disclose it all. We do so in
the name of our conviction that there is no finer system than the
Canadian democratic system. We do so in the name of our belief that the
Canadian system is worth defending and that the Canadian system and its
consequences may never be available for sale to anyone, the highest
bidder or anyone else. Under this bill, to the extent that money
influences outcome, elections remain for sale to the highest bidder.
That is a damned disgrace. This bill provides business as usual for
campaign funds and campaign disclosures, and that is absolutely
unacceptable.
They wonder why we oppose it. If they have
been listening, they will surely know why we oppose it and why most
people in British Columbia will oppose it as well. The bill is
unacceptable and provides for business as usual, and under the Socred
regime that's not good enough for us or for anyone.
MR. GABELMANN:
We're debating here what I would describe as a bill to buy the next
election, by a group of people who believe that money should determine
democratic decisions, not people. Election acts in this country
normally and traditionally contain three basic provisions. One deals
with the mechanics of the campaign, one deals with the limitations of
expenditures in those campaigns, and the third principle deals with the
disclosure of how those campaign contributions are collected. This act,
even when amended by the amendments before us today, will do only
one-third of what is necessary in an election act.
We have
presented a variety of amendments on the order paper that will begin
the process of making elections in this province democratic. I don't
understand why Social Credit does not believe in democratic elections.
Democratic elections are those that are of the people; elections in
British Columbia are still of the people with money. Elections can
still be bought in this province, and we don't even know who does the
buying. We still don't know who contributed to election campaigns in
this province in 1956, 1960, 1963 and 1966, and what impact those
contributions might have had on the allocation of tree-farm licences.
We don't know that.
HON. MR. WOLFE: You didn't mention 1975.
MR. GABELMANN:
Since the minister asks me to talk about 1975, we don't know what
contributions were made in that campaign that led to the elimination of
the farm preserve on lands owned by Social Credit supporters. We don't
know how much money Spetifore donated in 1975 and 1979, and what it
cost them to get their land out of the land preserve so that they could
make more millions and contribute again in an undisclosed way in the
coming election campaign. How much was contributed by, Gloucester to
the member for Langley (Hon. Mr. McClelland) in the last election
campaign? Shouldn't that be public knowledge?
Mr. Speaker,
there have been some references by the two members for North Vancouver
this morning to the need for full disclosure of NDP campaign
contributions. Those disclosures have been made and will continue to be
made. Not only does our party believe in amending this Election Act to
do those things; we have been doing them for years. In 1975 I ran in
North Vancouver–Seymour, and I happen to think that I probably spent
more money in that campaign than the member who was elected. It's
public record and a public document how much money I spent in our
campaign in that riding, including all of the contributions that were
made in kind — goods and services from people who came to help me and
gave up their holidays, from people who came to help me and continued
to be paid by their trade union. Those people and that information were
all aboveboard, and it wasn't required by law and it still isn't
required by law.
In that campaign in 1975 in North
Vancouver–Seymour, the current member for North Vancouver–Seymour (Mr.
Davis) had literally dozens, if not hundreds, of people who worked in
the insurance industry working full time, going door to door, and not
one of those people's contributions of time and effort was recorded as
a contribution to his campaign. There's no requirement that it be done
by law, and there's no morality in their party that requires that it be
done automatically as a gesture of proper behaviour in what is the most
important event that takes place in our democratic society. Where are
the amendments to require that every contribution over a certain amount
— say $100 — is declared, so that we know what favours will be owed,
and, if Social Credit gets elected, paid after an election? How much
did Gloucester Properties contribute in 1979? The public has a right to
know, because government decisions about that property have been made
since then. Maybe they contributed not one red cent; maybe, but the
public doesn't know, and the public has a right to know.
HON. MR. McCLELLAND: That's sleaze.
MR. GABELMANN:
The member for Langley mutters that that's sleaze. What is sleazy about
asking how much money people contribute in expectation that there will
be some favour? Mr. Speaker, thousands of people in this province
contribute to our party because they believe that there will be some
favour if we get elected. They believe that we will pass laws that will
benefit ordinary people. That's the favour that people want from us,
and they're going to get it. The favour that those people expect when
they make a contribution is that we will pass laws that will benefit
ordinary people and working people, and we will. Every citizen in this
province will know precisely which people have contributed to our
campaigns. But is that true about Gloucester? Is that true about
Spetifore? Is that true about the tree-farm licences that I talked
about in the sixties? No.
It may be that none of those
concerns made any contribution to Social Credit. I doubt it, but it's
possible. Doesn't the public have the right to know in either event?
How then can
[ Page
8687 ]
the public judge the decisions that are made that might benefit some
of those companies later on? There is an absolute requirement in a true
democracy, Mr. Speaker, that the Dan Campbells of this world cannot be
allowed to operate with thousand-dollar bills stuffed in the back
pocket, handed out willy-nilly without any record of where they came
from or where they're going. Mr. Speaker, the minister fails to deal
with the issue seriously.
Just in passing, I must make
further reference to the member for North Vancouver–Seymour (Mr. Davis)
complaining about the fact that some unions use some — a very little
amount, I might say — of their funds to contribute to the NDP When
that's done — and most unions don't do it, incidentally — it's done
after a full membership vote. I would like the member for North
Vancouver–Seymour or any other Socred member to tell me the last time a
corporation in this country made a contribution to Social Credit, the
Liberals or the Conservatives when a vote was taken of every
shareholder. Has that ever happened? Have the shareholders ever had an
opportunity to tell their directors where their campaign contributions
should go? Never once in the history of this country has that happened.
But isn't it important that the public know where those contributions
came from?
Mr. Speaker, isn't it also important that if
democracy is to thrive and fair choice be made, there be equitable
amounts of money spent by candidates? Shouldn't there be limitations on
expenses? We do that federally now. We say that you can only spend so
many dollars. It's still too high. The central parties — the Liberals
and Conservatives — could still spend $5 million or $6 million on
television advertising in the 1980 election. But at least we've made
some beginning steps forward making democracy a reality. There is a
long way to go yet, and this bill doesn't even begin to touch it. This
bill still allows. for those people who are afraid to have their
affairs come out into the full light of public disclosure to arrange
for secret deals with Social Credit candidates in the hope that those
candidates might later become cabinet members and then be in a position
to provide special deals, as has happened over the years in this
province.
AN HON. MEMBER: Gloucester Properties.
MR. GABELMANN:
I've mentioned Gloucester. We've mentioned Spetifore. It may well be
that all of these people whose names have come up have never
contributed to Social Credit. But whether they have or not, the public
has a right to know.
Mr. Speaker, I find it absolutely
appalling that the minister would stand up and describe this as a
modernization. The member for Cariboo (Hon. Mr. Fraser) made a mistake
when he referred to which century we were entering. He said we were
entering the twentieth century pretty soon. In respect of this bill, we
are. This bill, in terms of other Canadian legislation, is 20 years
behind the times. It does not modernize the Election Act of British
Columbia. It allows for sleaze and corruption to continue — and it will.
Mr.
Speaker, I won't say anything more, other than to say that following
the next election when we're in, we will bring in election laws that
require all campaign contributions to be acknowledged, so that the
public knows who contributed. We will also make sure that the Election
Act includes provisions that will set limits on how much people can
spend, so that you can't buy elections any more in this province.
MR. BRUMMET:
Mr. Chairman, I'd just like to make a few remarks in this debate in
supporting this bill as it is. I know much has been made of the
difference between contributions by corporations and by those unions —
that in the case of the unions they have a democratic vote and that
decides and they then disclose. I would like to suggest that a
shareholder in any corporation is a volunteer. He decides whether or
not he is a shareholder in that corporation, and the leaders of that
corporation are accountable to their shareholders for how they spend
the funds and to whom they contribute. But that shareholder is a
volunteer. I think the difference is that in the unions they may well
have a majority vote to decide where to contribute the money
politically, but those people do not have a choice — it's a closed-shop
situation. So by a majority vote that union membership can determine
where any individual must put his money politically. I suggest that is
quite a difference, and very wrong. I have friends who have no option.
They must pay those union checkoff dues for political purposes. They do
not support the NDP; they have absolutely no choice as to whether they
want to belong, if they want to work for a living. They must
contribute, by the decision of other members, to the NDP political
party. If they refuse to, they get kicked out of the union and
they....
MR. BARRETT: Name one case of anybody being kicked out of a union.
MR. BRUMMET: I could name some cases.
SOME HON. MEMBERS: Name them right now. Name them!
DEPUTY SPEAKER: Order, please. I ask the Leader of the Opposition to come to order. The House will come to order.
AN HON. MEMBER: What he says is completely false.
MR. BRUMMET:
I'll tell you something that isn't completely false. For instance. the
first member for Victoria (Mr. Barber) is so technically correct on all
disclosures. How would you like to look at the office door of his
constituency office, on which the sign says: "This office supported by
members and friends of the New Democratic Party." There is absolutely
no mention of the $3,300 from the taxpayers that those two members get
to keep that office open. You're a real stickler on disclosure, aren't
you? If you're such a stickler for disclosure. then why don't you be
fully honest?
AN HON. MEMBER: Where did you get that information?
MR. BRUMMET: Anybody can read.
MR. BARRETT: Name one union member who was kicked out.
MR. BRUMMET:
And have that member subject to NDP abuse in this House, like every
person? Some of them have been kicked out. Some of them have gotten
into other places, and I don't want them kicked out of there.
MR. BARRETT: That's a lie.
[ Page 8688 ]
DEPUTY SPEAKER: Order, please. I ask the Leader of the Opposition to withdraw the remark.
MR. BARRETT:
Mr. Speaker, I am being asked to withdraw a remark. When the member
said that union members have been kicked out because they wouldn't
support the NDP, I said that was a lie. That is unparliamentary, and I
withdraw it. Say it outside. Say it outside and I won't withdraw it,
because it is a lie outside. I withdraw, Mr. Speaker.
[Deputy Speaker rose.]
DEPUTY SPEAKER:
Hon. members, when the Chair asks a member to withdraw a remark that is
unparliamentary, all that is requested and required is that the member
stand in his place and give such a withdrawal. It's not an opportunity
for a speech or address. A simple withdrawal is all that is required.
That certainly is in keeping with our rules of the House.
MR. BARRETT: Mr. Speaker, I humbly withdraw.
[Deputy Speaker resumed his seat.]
MR. BRUMMET: There are two further items that I'd like to comment on.
The
members of the opposition have made allegations that the voters can be
bought. They insult the voters of this province. I think those people
make up their minds not because of how much money is spent by a
candidate but for other reasons. You talk about trying to buy the votes
of this province. The official opposition has done that in so many
ways: by promising the unions almost anything as long as they will get
their members to vote for them and contribute to their funds through
their checkoff system. If any buying is being done in this province,
certainly that is it.
The other thing we've seen and heard
in this debate.... One good reason why there's a reluctance from
some of the developers in this province and some of the people who have
made money through development in contributing to the free-enterprise
system.... We've seen allegations in this House, without any
support, that anybody who has some money and contributes to the Social
Credit Party, as one of their members said, is trying to buy favours
from cabinet ministers. Over the past three years in this House we have
had all sorts of allegations made against any member who is a free
enterpriser and has had the gumption to risk his own money in some
development and make some money at it, or who gets a piece of land out
of the land reserve through legal channels. Every one of those members
who has gotten a TIDSA grant by applying for it.... If the
socialists can link them here in any way with the Social Credit Party,
they have made allegations under the immunity of this House, suggesting
that it was a government payoff.
(Mr. Richmond in the chair]
What
they are asking is that anyone who contributes to the Social Credit
Party, to the free enterprise system, if they so choose, leaves himself
open to sleazy allegations in this House, because they believe in the
free enterprise system. Look at the number of allegations in this House
against anyone who has been successful in a businesslike way and has
had any connection with the Social Credit Party. They want every name.
We would probably extend the sitting of the House by at least a month
if every contributor were named in this House. It's the free
enterprisers in this province who have done the development, made the
money and created the wealth in this province, and they are to be held
up to ridicule and sleazy allegations by these opposition members
because they choose to contribute.
Interjection.
MR. BRUMMET:
Yes, certainly they would like that. Isn't it nice that they want all
the contributions over $100, which makes it wide open for the union
members to contribute in various ways — as individuals....
MR. BARBER: Make it $20.
MR. BRUMMET: Make it anything you like.
It's
rather interesting that in the course of a debate such as this one,
allegations.... The member for North Island (Mr. Gabelmann) even said,
"We don't know that these people have contributed to Social Credit
campaigns," yet he still named some of these people and made sleazy
allegations against them — not even knowing. Now he says: "Tell us who
all of them are. Make sure that all of them are up here so that we can
attack every one individually." Because of this unprincipled
opposition, some of those people do have to be protected from that type
of attack.
Interjections.
MR. BRUMMET: If
you people had any principles.... If you could accept that a person is
not corrupt because he has contributed to the free enterprise system,
that he is not corrupt because he's had the guts to do some developing
in this province.... But you try to make the allegation that
anybody who has is getting it as a payoff.
Interjection.
MR. BRUMMET: That's about your style, Mr. First Member for Victoria (Mr. Barber).
You talk about secret deals.
MR. COCKE: You're defensive. Come on!
MR. BRUMMET:
Certainly I'm defensive. I'm trying to defend a system here. I'm trying
to defend people who shouldn't have their names smeared in the records
of this House, simply because they are developers.
I'd just
like to reiterate that if the official opposition really believes that
union contributions are democratic, would they then support open shops
instead of closed shops in those unions, so that if even one member
does not want to contribute financially to socialism he is not forced
to do so against his will.
MR. KING: That was an
interesting dissertation by the member for North Peace River (Mr.
Brummet). I want to tell that member that not all of the unions in the
province of British Columbia are closed shops. In fact, the only closed
shop arrangement in the trade union movement in the province of British
Columbia is in the construction industry;
[ Page 8689 ]
that is generally the B.C. and Yukon Building and Construction Trades Council, where there is an absolute closed shop.
MR. BRUMMET: Try teaching in this province without belonging to the BCTF.
MR. KING:
To the member for North Peace River, the BCTF is not a certified trade
union under the Labour Code of British Columbia. One can point a finger
at the Canadian Bar Association and the Canadian Medical Association,
saying that perhaps they're trade unions. They're pretty tightly closed
shops, undoubtedly, but they're not trade unions. I ve been involved in
the trade union movement, as well as having been Minister of Labour in
this province for a number of years, and closed shops generally reside
in the construction industry; due to the nature of that industry. In
the industrial sector, we do not have closed shop arrangements. We have
what are called variations of the Rand formula.
DEPUTY SPEAKER: Could we come back to Bill 13?
MR. KING:
I didn't hear the Chair interrupting the member for North Peace River
when he made sweeping allegations regarding the structure of the trade
union movement. I just want to answer that before I come to the precise
terms of the bill.
DEPUTY SPEAKER: A certain amount of latitude is permissible, but let's come back to the bill.
MR. KING: All I'm asking for is equal opportunity.
The
point is, that's not factually correct. The member for North Peace
River should also know that until 1973, when the Labour Code of British
Columbia was introduced by an NDP government, trade unionists in the
province of British Columbia did not have religious freedom under the
Social Credit legislation. It was the NDP government that introduced a
religious conscience clause in the Labour Code.
Interjection.
MR. KING: It's an unruly House, Mr. Speaker.
DEPUTY SPEAKER: If we returned to the bill, perhaps it would be less unruly.
MR. KING:
Yes, I shall, but I want to say that for the first time, trade
unionists in this province have the right to opt out of a trade union,
closed shop or not, if they disagree on the basis of religious
conscience.
Interjection.
MR. KING: If the
sitting government members are not familiar with the laws their
government administers, there's little I can do about it. The bill
before the House is unfortunate in that it's totally incomplete. I'm
concerned that we're getting off into a debate on who contributes
where. The point of the debate is this: regardless of the source of
contributions to any political party, that source should be revealed to
the public; there should be full disclosure so that the public knows.
It's a common and accepted concept in a democracy that justice must not
only be done; it must be seen to be done. When so many agencies of government affect the lives....
Interjection.
DEPUTY SPEAKER: Can we have order in the House so that the member who has the floor can be heard?
AN HON. MEMBER: Throw out the Minister of Lands, Parks and Housing (Hon. Mr. Chabot).
MR. KING: Don't start throwing them out, because I want an audience to speak to.
What
we are arguing in this debate is simply that, regardless of the source
of funds — I don't care whether it's trade unions or corporations — it
should be a matter of public record so that the public can decide as to
whether or not that source has in any way coloured or affected the
policy of any branch or agency of government. That's what it's all
about. It's a matter of appearing to have clean hands. It's a matter of
not only having clean hands, but of being seen to be clean and
aboveboard. That's all we're asking. We don't really have to get into a
debate as to whose source of campaign funds is holier than another.
That's not the issue. The issue is the right to know, to have it as a
matter of public record.
Let's go over the events of the
last few years. I want to go through a few headlines to point out the
need to have control of the source and expenditure of campaign funds.
On December 6, 1979, there were headlines in the Province that said:
"TV Eyes Socred Funds. There was a chorus of 'no comments' from Premier
Bennett and senior aides after a BCTV report on the existence of Social
Credit bank and trust accounts to which Bennett aides had access." The
Times of December 6, 1979 said: "Funds: 'Nothing Strange.' That's a
comment by the Premier.
"There is nothing mysterious,' he said. 'Political parties raise funds in a number of ways.'
BCTV report on the intricacies of Social Credit financing has revealed
the existence of several bank accounts under the control of party
bagmen. Party officials say that they were unaware of these accounts."
The Sun of December 7, 1979 said:
"Socred
Staff 'Given Cash to Pay Bills.' Fired Social Credit Party researcher
Ellen McKay, a central figure in the 'dirty tricks' scandal, has
disclosed that Social Credit election campaign manager Dan Campbell
gave her a thousand-dollar bill to pay a hotel bill for herself and two
secretaries during the campaign this spring. 'I was given cash,' she
said when asked how she paid her expenses during the five-week
campaign. 'Dan gave me a thousand-dollar bill,' she said in an
interview today with the Sun . 'I remember because I'd never seen one before.'
The Times of December 22, 1979 said:
"Full
Donation Disclosure is Called for by the Leader of the Opposition.
Bennett Muzzles Up. During Bennett's recent absence his personal aide,
Tony Tozer, granted a television interview in which he revealed the
existence of a special Socred bank account to pay the political
expenses. The Premier's personal secretary, Nina Gray, let slip that
Bennett's own staff didn't know where he was vacationing."
[ Page 8690 ]
The Premier, once again, ran away when it was a hot issue at
that particular time.
The
headlines continue: "Awkward Questions Proliferate"; "Bennett Bothered,
Campbell Harassed"; "Full Donation Disclosure Called for by the Leader
of the Opposition"; and "Campbell's Fate up in the Air." He was the
messenger boy. He was handing out the thousand-dollar bills, the source
of which is still unknown. This is not good enough.
"No Answers Emerge From the Premier's Moving Lips." In a report in the Sun on December 13, 1979, we find this excerpt from a column by the eminent columnist Marjorie Nichols. It says:
"Based
on events of Wednesday, however, that would be an overly optimistic
expectation. After two months of stonewalling, Bill Bennett held a
91-minute, no-holds-barred news conference. He smiled and his lips
moved and he suffered silently as the television lights burned his
eyeballs, but he said nothing. He answered only one direct question
directly. 'Would you hand out a thousand-dollar bill to a campaign
worker,' he was asked, 'and tell the recipient that no receipts were
required?' No, said Mr. Bennett, he would not."
Yet when we
have a bill before this Legislature which should control the collection
of campaign funds, which should control their expenditure and should
provide public disclosure of the sources, we find a complete absence of
any of the provisions that the Premier himself reluctantly endorsed
after being caught out in the dirty tricks affair.
The
headlines go on. I want to remind some of those ministers with a short
memory how embarrassed they were at that time. They were terribly
embarrassed when it was revealed that a couple of bagmen in Vancouver,
behind the scenes and in secret, were raising large sums of capital in
an attempt to influence the election and find favour through government
policy as a result and reward. "Socred Probe Finds $1,000 Bill Just
Oversight". It was just an oversight that Danny Campbell was handing
out thousand-dollar bills to pay for the expenses of various campaign
workers. We have a bill before this Legislature that should provide the
mechanism for ensuring that that kind of oversight never again occurs
in the province of British Columbia. We find it without teeth in terms
of dealing with this kind of immoral conduct by people involved in the
election campaign.
This is from the Vancouver Province of December 13, 1979:
"The man Bennett asked to conduct the one-day investigation
was Les Peterson, another ex-Socred cabinet minister, who was also the election
campaign chairman. In a news conference called suddenly Wednesday afternoon,
Peterson said that $65,000 in election contributions that went through Campbell's
hands had not been declared when the party's election spending was filed
June 28, as required by legislation.
"'Mr. Dan Campbell was unaware until Monday that his money was not
included in the accounting,' said Peterson, who was asked Tuesday by
Bennett to conduct the investigation."
Mr. Speaker, the
public has no confidence in this government appointing one of their
friends and ex-colleagues to do an investigative job of Election Act
abuses. That's not good enough, and it's not good enough now that they
bring a bill before this Legislature that allows that kind of
oversight, that kind of abuse and that kind of propensity for abuse and
impropriety to continue. That's not good enough, and I certainly don't
intend to support the bill.
I have another headline from
December 14, 1979: "Attorney-General to Probe Campbell's Role." Mr.
Speaker, the people of the province of British Columbia are sick and
tired of this government getting into trouble and then pinning the
blame for their misconduct on hirelings. Whatever happened to the old
doctrine of ministerial responsibility and political responsibility and
accountability? It's not good enough to fire Ellen McKay, Jack Kelly
and Danny Campbell, who were simply the messenger boys.
What
happened to the code of ethics committee that the Premier was
personally going to commission to ensure that this kind of abuse never
took place again? It never materialized. What we have before us, as my
colleague the first member for Victoria (Mr. Barber) so eloquently
pointed out, is a status-quo bill. It allows the same kind of abuse and
the same kind of impropriety to continue in the future, and that is not
good enough at all.
HON. MR. WOLFE: He hurt his vocal cord. The bow-bow member.
MR. KING:
Mr. Speaker, it's not going to detract from the argument to make
personal attacks on my colleague, the eminent and the first-class
member for Victoria. I look forward to the Provincial Secretary trying
to justify the absence of expense controls under this particular
statute.
HON. MR. WOLFE: Which you ignored for three years.
MR. KING:
You know, this argument.... The NDP was in government for three
years in the history of the province of British Columbia....
Interjections.
DEPUTY SPEAKER:
Could we have order, please. Before the member continues I might point
out that according to Sir Erskine May the debate on the stages of a
bill should be confined to the bill and should not be extended to
criticism of administration. The hon. member for Shuswap-Revelstoke
continues on Bill 13.
MR. KING: Mr. Speaker, I wasn't
aware that I was talking about the administration; I was talking about
the propensity for the kind of abuse that was outlined in the headlines
that I read.
In terms of the minister's response across the
floor, it's not good enough to justify your own inadequacy on the basis
of comparison with the NDP or anyone else back some years ago. The
issue is here and now, and you are the government. If you are not
prepared to deal with the issues of the day, move over and we'll show
you how. We're quite prepared to do that.
Mr. Speaker, the
fact of the matter is that this government had no intention of
controlling campaign donations and election expenses, despite the fact
that when they were in the glue for dirty tricks they offered all
manner of promises. They put forward the Premier's proposal for an
internal party ethics committee, and it never materialized. They marked
time until they hoped the public would forget. Now they bring in a bill
[ Page 8691 ]
that
should deal with some regulation of the source of campaign funds, with
accountability and the public's right to know. I'd like to hear the
Social Credit members argue against all of those things, Mr. Speaker,
but we find them completely absent from the bill. That's very
unfortunate. They had an opportunity to put together a good bill. There
are some good aspects; some of the things in the bill are fine. But the
feature that would have created some public trust, some public
confidence in the electoral process, is glaringly absent — that is,
accountability for financial contributions and disbursements.
Some of the members have said: "You can't buy votes." It's
an insult to the voters to suggest that they can be bought. If that were the
case, why is it that Social Credit spends hundreds of thousands of dollars to
buy television time to appeal to the voters with a variety of campaign messages
calculated to influence voting patterns? Obviously they do not themselves believe
what they are saying, or they would not spend that kind of money trying to influence
people's voting patterns. I want to remind the government and the public
of British Columbia of the unholy mess that was revealed in the Dan Campbell
affair: the Premier's office having access to secret campaign funds that
were not even disclosed to the Social Credit Party; the spectre of the then
party president, Mr. Les Keen, pointing the finger at the Premier and saying:
"You had better clean up your act," the Premier responding that it
was all the party's fault. That is hardly calculated to create confidence
to assure the voters of British Columbia that we do in fact have a fairly regulated
system of elections in this province. We are simply appealing to the government's
conscience, if there is any collective conscience in that coalition, to bring
in a bill providing for accountability. Bring in, within this bill, full accountability,
full public disclosure, so that people know the source of our campaign funds,
and impose some limitation on the amount of dollars that can be spent to buy
media time in an attempt to influence the collective public vote. That's
all we're arguing.
It's
not good enough for the Provincial Secretary to hide behind the fact
that in three short years our government never brought in this
particular bill. One of the criticisms we had, Mr. Speaker,
particularly from....
Interjections.
MR. KING:
No, we've never had corruption like this before. The government can say
what they want, but no member of our party has ever been convicted of
any breach of public trust in any way that I know of. I don't think we
should get into that. People who live in glass houses should not throw
stones. I don't think the government party's reputation and record is
unassailable in that respect.
The bill is not good enough;
it falls far short. It's not good enough for the Provincial Secretary
to say we should have done it in the three years we were in. The
government, when in opposition at that time, argued vociferously that
we had introduced too much legislation, that we were moving too
quickly. Quite frankly, Mr. Speaker, we accept some of that criticism.
There were many things to be done after 20 years of inertia by a Social
Credit government, and priorities had to be set. We chose to deal with
economic and social issues, because that was where the interests of the
people lay at that time.
This is an abject attempt at
modernization. It does nothing to ensure that the kind of abuse we have
chronicled, and that the people remember, will not occur again. That's
unfortunate. It's going to be part of the mark of this minister's
reputation that when he had the opportunity to bring in election reform
that was meaningful, that provided some guarantees and some minimum
standards to add credibility and respect to the system, he failed. He
was too weak to bite the bullet and do what should be done in providing
some equity. accountability and full public disclosure for the people
of the province of British Columbia.
MS. BROWN: In
speaking in support of this bill the member for North
Vancouver–Capilano (Mr. Ree) mentioned that there has never been
corruption as there was in the 1975 election. It was really
interesting, because I agree with him. There have never been corrupt
practices in the history of this province as we've known between the
1975 election and now. It's precisely because the level of corruption
has escalated that it is so imperative that any amendment to the
Election Act should include a
section dealing with full disclosure of
campaign funds. I'm sure that if the minister were seriously thinking
about it he would recognize that he has erred in not including a full
disclosure
section to this act or introducing a separate act that deals
with full disclosure.
The member for North
Vancouver–Capilano — I'm quoting from the unedited Blues when I quote
that member — used as his example the '75 election in
Vancouver-Burrard. I don't know if you are new to this business, Mr.
Speaker, and you are probably not aware that there used to be a riding
known as Vancouver-Burrard prior to the corrupt redistribution of
boundaries which saw the introduction of "Gracie's finger" and the
elimination of three ridings including the riding of Vancouver-Burrard.
However, in speaking about that election, the member for North
Vancouver–Capilano talked about the corrupt practices in
Vancouver-Burrard in that 1975 election. I quote that member's
statement: "I saw what took place in that election. I had the
opportunity to go into the Vancouver- Burrard returning office after
that election. I arrived there at 11 o'clock at night and there were
unsealed ballot boxes without padlocks on them."
[Mr. Davidson in the chair.]
He's
quite correct. What happened in the 1975 election and the reason this
bill cannot be supported by us, because it is not strong enough — is
that the Social Credit Party targeted three members in the lower
mainland for special attention: the then Premier of the province, who
ran in Coquitlam, the then Minister of Education in Burnaby North, and
the then Minister of Human Resources, who was one of two members in
Vancouver-Burrard. I received a phone call at home on election day, at
night, from my campaign headquarters, saying that they had received a
phone call, either from a member of the press or someone else, saying a
flying squad of goons had attacked the returning office in Vancouver
Burrard. At the same time we heard on the news that the returning
office in Burnaby North and the returning office in Coquitlam had all
so been attacked by a flying squad of goons.
So getting out
of bed I raced down, picked up my campaign manager, and we raced down
to the returning office. Sure enough, when we arrived at the office
there were people ripping open those ballot boxes. We did not recognize
any of those people because they were not members of our election
committee, of our constituency as we knew it, and certainly were not
members of the New Democratic Party. But there
[ Page 8692 ]
were
people ripping open those ballot boxes. The first thing we did was to
call the police. However, before the police arrived another flying
squad of goons came, headed by none other than the member for North
Vancouver–Capilano (Mr. Ree) — right at the front, the biggest thug of
them all. Mr. Speaker, there is not a time that my eye rests on that
member — either in the hall, in this chamber, or anywhere else — that I
ever forget the sight of him coming up the stairs that night, huge — he
looked as though he was about 25 feet tall and weighed 490 pounds.
That's what he looked like, flying up the stairs that night with a
flying wedge of storm-troopers.
AN HON. MEMBER: You were there first.
MS. BROWN:
That's right, and I called the police. Before the police could arrive,
he arrived with his flying squad of storm-troopers and proceeded to
push everybody around. He had the nerve to stand on the floor of this
House and say that he proceeded — because no one else would — to seal
the boxes, which his former flying squad of goons had ripped open.
course the police had to intervene, as they had to intervene in Burnaby
North and in Coquitlam to deal with those thugs. There was no option.
As a matter of fact, the end result was that a commissionaire had to be
hired to guard those boxes. A compromise had to be worked out whereby
two members of the New Democratic Party and two members from the flying
squad of goons sat with that commissionaire around the clock, because
every attempt was being made to subvert that election. It's precisely
because of that kind of behaviour and corruption that the opposition is
saying that this bill does not touch and does not right the kinds of
wrongs which are now possible under the present Election Act.
The
Provincial Secretary asked the question: "When you were in government
for three years, why didn't you change it?" Quite frankly, we never
perceived the level of corruption which this government has visited on
this province. No one had ever heard of the kind of scandalous
behaviour which has happened in this province between 1976 and today.
Neither under the previous Social Credit government nor under the NDP
government had there been the kind of dishonesty and corruption either
in elections or in government practices that we've had since that time.
MR. REE:
On a point of order, the last member to speak in this House that has
the creeps has, I feel, made certain allegations in implying improper
actions or improper motives to me. I ask for her to withdraw.
DEPUTY SPEAKER:
If the member for Burnaby-Edmonds was imputing any false motives to
another member, that member must withdraw those remarks. If that was
the case — and the member feels it was — would the member withdraw any
remarks that could have been construed by the member as unparliamentary.
MS. BROWN: Mr. Speaker, I did not discuss any motives whatsoever. I did not discuss that member's motives. I discussed his actions.
DEPUTY SPEAKER:
Hon. member, again, when one member rises to take exception to the
remarks of another member, in keeping with the parliamentary traditions
that we have in the House.... If the member made any improper
imputation, would the member withdraw so we could proceed with the
debate.
MS. BROWN: Sure, Mr. Speaker, if he's upset by any of the things I've said.
DEPUTY SPEAKER: The member withdraws.
MS. BROWN:
Mr. Speaker, I'm now responding to the comments of the Provincial
Secretary. He asked the member for Shuswap-Revelstoke (Mr. King) the
reason why, when we were government, we did not bring in these kinds of
amendments to the Election Act. As I said, we had not thought possible
the level of corruption we're now witnessing — it just had not entered
our minds.
I'm sure that despite the fact there is not
presently an amendment from that minister on the order paper dealing
with public disclosure, after giving the matter some thought and
listening to the discussions on the floor of the House today, he must
recognize how important it is that the public know exactly who is
paying for the election of every single elected member in this House —
not just government members or even just opposition members, but every
single elected member in this House. If there is nothing to hide, why
hide it? If the Provincial Secretary believes that, in fact, all
donations are honest, upfront donations with no strings attached, that
there is no bribery involved nor imputed, surely then the minister
should see no reason why there should not be public disclosure of those
donations. For that reason alone, if for no other, I think we have to
vote in opposition to this bill. It does not begin to touch the very
basics of honest, democratic election in this province. Secrecy and
abuses have occurred as a result of the secrecy surrounding the funding
of the election of members to this House. I am opposed to this
legislation, Mr. Speaker.
HON. MR. WOLFE: We've had an interesting Friday morning.
do appreciate the various comments on this significant legislation.
It's the type of legislation, being amendments to the Election Act,
which excites everyone. We all get involved in elections and have
different views on what is required in conducting them. We've all
followed the act from one election to the next and see areas in it that
need to be improved.
A great deal of work has gone into the
amendments that you see here and I'd like to pay respect to the staff
members who have done a great deal of analysis in preparing these
changes. They're not without a lot of complications, and I think that
we should record that congratulations are in order to the new registrar
of voters, to my assistant, Mr. Kelsey, and the legislative staff that
put it together.
Mr. Speaker, these are good and positive
amendments we're talking about. We know that there are going to be
further amendments to this act in the interest of modernization as we
go forward. We've listened here today to the usual NDP responses. The
socialists are opposing this and trying to find something which they
don't find in it. It's the usual rhetoric. I call it the usual pious
hypocrisy. That's all you could call it because that party did
absolutely nothing for three years as has been well documented this
morning — not one change in the Election Act. They stand up here and
say that we're not doing enough now. Other changes have taken place
between then and now, but these are major changes to the Election Act,
and we're well aware of those.
[ Page 8693 ]
was not unexpected that they would try to find some method to attack
the bill, but I'm amazed to hear them say they're going to vote against
these modernization amendments, A great deal has been said in the
criticism of the bill about the matter of disclosure — the so-called
lack of attempts to provide more disclosure, either for expenditures or
for contributions. I should point out, Mr. Speaker, that we have under
the present Election Act a requirement for disclosure of expenditures.
Let's make that very clear. The act now requires, and has for some time
required, disclosure of expenditures. Many of the criticisms we've
heard today about lack of disclosure would not be corrected by virtue
of changing the present terms required for disclosure of expenditures.
I might say that in the past two years, at least, a lot of discussion
has gone on. A review committee — an all-party committee — has been
meeting quarterly under the auspices of this ministry. It includes the
registrar of voters and is meeting with representatives of all three
parties to address itself to the administrative requirements to
modernize and change some of the regulations. I would like to point
out, Mr. Speaker, that in that review the NDP representative on that
committee in fact voted against changing the present act with relation
to expenditures. A proposal was put forward by the registrar to
modernize the form required in the act for disclosing expenditures. The
NDP, through their party representative, was opposed to those
modernization measures. More could be done on this, I will recognize,
but let's not just stand here and say we want more disclosure, when
behind the scenes they're opposing it.
I'd just like to
review three or four of the comments made by members, because it's the
best way to clarify some of the criticism which has been made. The
member for Burnaby North (Mrs. Dailly) stated that there should be
limitations on campaign expenditures and donations. Further, the second
member for Vancouver East (Mr. Macdonald) stated that he agreed with
this proposition, and that there should be greater disclosure of
campaign contributions. He stated that "there are no other
jurisdictions that don't cover disclosure." That's what he said. He
said: "Name one other jurisdiction that does not cover disclosure."
Well, within this Dominion of Canada, there are five provinces which do
not have legislation requiring disclosure of expenditures or of
contributions, It's not just a given fact that every other jurisdiction
requires disclosure. I'm not saying that I oppose disclosure; it's just
that it's a complicated question that has various downsides to it.
want to refer the members of the House to the survey of election
finance legislation made by the province of Ontario in 1978, which
dealt with the matter of disclosure. I quote from "A Comparative Survey
of Election Finance Legislation, 1978." I read as follows from page 9,
commenting on the discussion on disclosure:
"That disclosure is an administrative necessity is
beyond question: without some effective method of monitoring inflows
and outflows of funds, enforcement of the limitation provisions would
be impossible, Whether such disclosure should be public raises several
issues. In its examination of the controversy, the Manitoba Law Reform
Commission has reported the following: ...those in opposition have
argued that (1) compulsory reporting and disclosure of contributions is
an invasion of privacy and a breach of the principle of the secret
ballot, since a person would be pressured and could be assumed,
normally, to vote for the candidate or party he supported financially;
and (2) publication of a donor's name might lead to persecution or, at
the very least, embarrassment from his associates, his employer and
adherents of other political parties, and for corporate donors there
would be the risk of shareholder displeasure, customer resentment and
public suspicion."
Once
again, I'm quoting from the Manitoba Law Reform Commission working
paper on political financing and election expenses, which is referred
to in this document, "A Comparative Survey of Election Finance
Legislation," which was prepared in Ontario in 1978.
may, in fact, have further amendments dealing with disclosure
legislation in this province. I just say that it is a large argument, a
lot of review is taking place on it, and we simply do not have those
amendments in this act. We now have disclosure of expenditures. In the
present act we have not enlarged on the requirement for disclosure of
political donations. Some jurisdictions have it — not all. I'm trying
to cite some of the arguments which are of concern in going down that
road.
I've indicated that what we have here is very positive
legislation. The member for Maillardville-Coquitlam (Mr. Levi) made a
couple of very interesting comments. I listened very carefully. He
stated that there should be a continual review of the act. Perhaps he's
not aware that all of the parties have been meeting quarterly with the
registrar, as I said earlier, making a not of good recommendations on
the act. There is now a review taking place.
He also stated
as follows: "If we don't have limitation on expenditure and disclosure,
then we will destroy the present system." One thought that occurs to me
is that that simply cannot be the case. It's an exaggerated
proposition. Money does not win elections. We've seen the reverse of
that many times in history. It's a necessary part of conducting, the
costs of an election.... But money simply does not win elections.
It's individuals and issues of the day.
He also criticized
the number of polling districts in his own riding. He claims that this
is out of date. I want to assure him that there is a lot of work going
on in modernizing each constituency to bring up to date where the polls
are, and to correct the very situation he's talking about. A number of
them have already been changed by order- in-council, and there will be
others in the near future.
He referred to the fact that
there should be a three-man commission. A lot of people argue this. As
another member stated here earlier, certainly the Norris commission was
not a good example of what could be accomplished with a three man
commission; no results whatsoever. Nobody was prepared to act on it.
When that party had the authority to do it, they didn't do one thing.
I'm not sold on the need for a three man commission, and I'm sure other
members of this government are not.
He also criticized the
fact that this debate on the Election Act is too partisan, and any
discussion of it is too partisan. We instituted an all-party committee
under this ministry. I guess the member is not aware that they've been
meeting for two years to discuss the act and regulations. That's not
exactly a partisan move.
I have a couple of other items. I'm
glad the member for North Island (Mr. Gabelmann) is in the House right
now. He followed the usual procedure of attacking people out there who
can't defend themselves. That's a thing we go through here daily, but I
really resent the fact that a member stands up here and attacks a
person like Spetifore. I don't even know
[ Page 8694 ]
the
individual myself. But he can't defend himself. To stand here and cast
allegations is part of the socialist rhetoric that we hear from day to
day in this House, attacking people who are unable to defend themselves.
referred to his campaign in 1975 in North Vancouver–Seymour, one in
which he was unsuccessful. He said that there should have been
disclosure — he made disclosure of his expenditures. Sure he did. The
act required it. We've got disclosure requirements for expenditures. He
had to file for expenditures. That's what he said, that he didn't have
to file for expenditures, but he did.
The member for
Shuswap-Revelstoke (Mr. King) calls this a bill without teeth. As I
said, their representative on the all-party committee now meeting on
this bill voted against the requirement for detailed expenditure
disclosure. I find that really strange.
As the Minister of
Transportation and Highways (Hon. Mr. Fraser) said, nobody's talking
about what's in the bill; they talk about what isn't in it. I guess
we're used to that.
We've got good positive changes here,
and we all know what they are. I think the most significant one is the
requirement for polling-day registration. That's new in British
Columbia, and not many other jurisdictions have that opportunity.
Thousands are going to be able to vote this time who, for one reason or
another, have failed to get their name on the voters' list. We're going
to have polling-day registration, a new procedure which is going to
make a lot more people able to cast their ballot on election day. We
know that we have a requirement for regular enumerations and that we've
removed a lot of other obsolete regulations in the act, and I call this
positive modernization of the Election Act. This government is doing a
lot about modernizing the election procedure and providing better
opportunities to vote.
I know this party over here are going
to vote against this; our members are entirely in support of it. I say
the people of British Columbia understand. I move second reading of
Bill 13.
Motion approved on the following division:
YEAS — 25
Waterland
Hyndman
Chabot
McClelland
Rogers
Smith
Heinrich
Hewitt
Jordan
Vander Zalm
Richmond
Ritchie
Brummet
Ree
Wolfe
McCarthy
Williams
Bennett
Curtis
Phillips
McGeer
Fraser
Nielsen
Segarty
Mussallem
NAYS — 18
Macdonald
Barrett
King
Lea
Lauk
Stupich
Dailly
Cocke
Lorimer
Levi
Gabelmann
Skelly
Brown
Barber
Wallace
Hanson
Mitchell
Passarell
Division ordered to be recorded in the Journals of the House.
Bill
13, Election Amendment Act, 1982, read a second time and referred to a
Committee of the Whole House for consideration at the next sitting of
the House after today.
DEPUTY SPEAKER: Hon. members,
earlier today the hon. member for Comox (Ms. Sanford) sought to move
adjournment of the House pursuant to standing order 35 to debate a
definite matter of urgent public importance, namely high levels of
unemployment. The standing order requires the Speaker to give his
opinion as to whether the matter comes within the ambit of the standing
order. Such an opinion does not involve a consideration of the merits
of the subject raised.
On three previous occasions this
session the hon. member has sought to raise the same matter, and on all
three occasions the application has been ruled out of order as the
matter is of a continuing nature. The member, in her statement,
mentioned the three previous applications. The application today fails
for the same reasons.
I would caution the member that
continually raising a matter which has already been ruled out of order
appears to the Chair to be inappropriate.
UTILITIES COMMISSION
AMENDMENT ACT, 1982
Hon. Mr. McClelland presented a message from His Honour the Lieutenant-Governor:
a bill intituled Utilities Commission Amendment Act, 1982.
Bill
66 introduced, read a first time and ordered to be placed on orders of
the day for second reading at the next sitting of the House after today.
Hon. Mr. Williams moved adjournment of the House.
Motion approved.
The House adjourned at 12:58 p.m.
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