British Columbia Committee Hansard (Blues) — Tuesday, November 27, 2018 p.m. — Number 194 (HTML) (41st Parliament, 3rd Session)
20181127pm-CommitteeA-Blues
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, November 27, 2018
Afternoon Sitting
Issue No. 194
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Petitions
J. Rustad
D. Routley
Orders of the Day
Standing Order 81.1
Schedule for debate on Bills 40 and 52
Hon. M. Farnworth
Second Reading of Bills
Bill 40 — Electoral Reform Referendum 2018 Amendment Act, 2018 (continued)
On the amendment (continued)
E. Ross
B. Stewart
S. Gibson
G. Kyllo
J. Isaacs
T. Shypitka
T. Wat
D. Barnett
Committee of the Whole House
Bill 40 — Electoral Reform Referendum 2018 Amendment Act, 2018
Report and Third Reading of Bills
Bill 40 — Electoral Reform Referendum 2018 Amendment Act, 2018
Reporting of Bills
Bill 52 — Agricultural Land Commission Amendment Act, 2018
Third Reading of Bills
Bill 52 — Agricultural Land Commission Amendment Act, 2018
Royal Assent to Bills
Bill 40 — Electoral Reform Referendum 2018 Amendment Act, 2018
Bill 45 — Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018
Bill 47 —Health Sector Statutes Repeal Act
Bill 49 — Professional Governance Act
Bill 50 — Human Rights Code Amendment Act, 2018
Bill 51 — Environmental Assessment Act
Bill 52 — Agricultural Land Commission Amendment Act, 2018
Bill 54 — Lobbyists Registration Amendment Act, 2018
Bill 55 — Passenger Transportation Amendment Act, 2018
Bill 56 — Oil and Gas Activities Amendment Act, 2018
Bill 57 — Attorney General Statutes Amendment Act, 2018
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill 52 — Agricultural Land Commission Amendment Act, 2018
(continued)
I. Paton
Hon. L. Popham
D. Barnett
M. Bernier
D. Davies
A. Olsen
L. Larson
B. Stewart
M. Hunt
TUESDAY, NOVEMBER 27, 2018
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Routine Business
Petitions
J. Rustad: On advice from the Speaker, I rise to present a petition. I have a
petition signed….
Interjection.
J. Rustad: I’m glad the opposition members are so interested, particularly the
Minister of Transportation.
It’s a petition signed by more than 250 people regarding the north
shore of Fraser Lake, particularly Stella Road. They are requesting that the
government consider seal-coating, especially in the light of the Shovel fire
and the challenges. Accompanying the petition, there are also letters of
support from the chiefs of both the Stellat’en and Nadleh Whut’en First
Nations.
D. Routley: I rise to present a petition from 536 residents in Nanaimo who are
concerned about the possibility that homeless people may be moved into a
supportive housing project in their neighbourhood.
[1:35 p.m.]
Orders of the Day
Standing Order 81.1
SCHEDULE FOR DEBATE
ON BILLS 40 AND
Hon. M. Farnworth: I move:
[Pursuant to Standing Order 81.1 (2), all remaining proceedings
related to Bill (No. 40) intituled Electoral Reform Referendum 2018
Amendment Act, 2018 and Bill (No. 52) intituled
Agricultural Land Commission Amendment Act, 2018 , including
any proposed amendments on notice standing in the Ministers’ names on
the Order Paper, shall be completed and disposed of on or before
Tuesday, November 27, 2018 at 4:45 p.m. At 4:30 p.m. on the date
mentioned, the Speaker and the Chair of the Committee of the Whole will
forthwith put all necessary questions for the disposal of all remaining
stages of the said bills without amendment or debate.
Any divisions called on sections of the said Bills shall be taken in
accordance with Practice Recommendation No. 1. Any division called on
any second reading amendments, second reading, or third reading of the
said bills may be taken in accordance with Standing Order 16.
Proceedings under this motion shall not be subject to the provisions of
Standing Order 81, or the Standing or Sessional Orders relating to times
and days of the sittings of the House.]
Motion approved.
Hon. M. Farnworth: In this chamber, I call continued second reading debate on Bill
40, the referendum act. In
Section A, I call committee stage on Bill 52,
the Agricultural Land Commission Amendment Act.
[L. Reid in the chair.]
Second Reading of Bills
BILL 40 — ELECTORAL REFORM
REFERENDUM
2018 AMENDMENT ACT, 2018
(continued)
On the amendment (continued) .
E. Ross: Before the lunch break, we were talking about the amendment to
Bill 40, intituled the Electoral Reform Referendum 2018 Amendment Act. I
was just covering the point of why this should not be considered in
terms of the electoral reform in its current fashion.
It’s because it’s such a complicated issue. The ballot is
complicated. Many residents in my constituency are coming to me, asking
me for explanations and just wanting more information in terms of what
to expect. There are members on both sides of this House that don’t
truly understand the full nature of what will happen or, even under the
current process, what’s happening with the referendum on proportional
referendum.
Now, we know that there was a promise made for a simple yes-or-no
question for the ballot, and that didn’t come through. We were also
expecting, and all British Columbians were promised, an all-party
committee to consult with British Columbians. We know this didn’t
happen. Instead, what happened was an on-line survey that British
Columbians didn’t participate in, let alone hear about.
Basically, if you know your way around the Internet and are a
political junkie and care about Legislature business, then you are most
likely to participate. Unfortunately, nobody in my community
participated because none of the people that I represent in my own
community actually are political junkies or care what happens in this
Legislature and don’t know their way around the Internet.
It’s my opinion that the findings, whatever they were, were skewed
because they weren’t really a reflection of what British Columbians, as
a whole, were thinking about.
[1:40 p.m.]
The term “threshold” has been thrown around quite a bit. For those
many people watching at home, watching us right now, hello. Just to
explain to you what “threshold” means in this context. When past
governments held a referendum on proportional representation, they
included a term called “thresholds.” They understood this because they
understood what it meant to be changing the fundamentals of our
democracy.
It was said in the past that there was a 60 percent threshold
needed for the mandate to change our electoral system. So 60 percent….
Not many people understood this. In today’s context, if we applied a 60
percent threshold, that would mean 52 out of the 87 ridings in B.C.
would’ve had to vote yes for a mandate to change our electoral system.
That meant that 52 ridings out of the 87 ridings in B.C. had to
understand and, more importantly, had to want a system like proportional
representation.
This is not what happened in this current referendum. There is no
threshold in this current referendum. The government said that even if 5
percent of the electorate — not the ridings — voted, then the results
would be binding.
This is an unbelievable position to take, considering the amount
of information that has to be absorbed by the average citizen and isn’t
available to the average citizen. Combine that with a mail-in ballot
process, instead of in-person voting, where the rules are clear already,
whether it be a provincial or municipal election. Substituting an
on-line survey for actual meaningful consultation with voters is just
another mechanism to ensure a yes vote.
This is similar to the false promise that was made to British
Columbians just recently that somehow a future government would hold
another referendum if B.C. chooses to go back to the system that we
currently enjoy. I spoke to that earlier, and what I said was that
today’s government can’t get a future government to be bound by a
political promise made by politicians today. And that’s what it was —
promising a referendum to go back to a system.
What I didn’t mention, though, was: why would a future
legislature, made up of a number of parties in this House, choose to end
their chance at getting a seat in this House in the first place? If even
half of the registered parties of B.C. got into this Legislature under
proportional representation, that would be 13 parties, because there are
26 registered parties in B.C. right now. So 13 parties, all minorities,
all made up of maybe two or three members per party. Why would they vote
themselves out of this Legislature?
You couldn’t get the votes. Under proportional representation, it
would be just a process for politicians to save themselves and their
parties, to secure their seats in this House. It wouldn’t happen. With
all these fringe parties and these small, little parties, many in
alliances and agreements in this House to ensure B.C. never goes back to
first-past-the-post, it’s a politician’s dream job. All we’d see is
deal-making in this House, to make sure that we did not go back to
first-past-the-post, if it was even possible for this government to bind
the hands of a future government.
Proportional representation is a dream job for politicians, not
only for fringe parties, but it’s also a dream job for people that don’t
even have to run in an election, don’t even have to campaign, don’t have
to abide by the rules of Elections B.C. Under proportional
representation, there’s a tremendous opportunity to get appointed to
represent a riding. It doesn’t even matter if you live in that
riding.
Which begs the question: why have an election at all? If you can
just get on a party list — on a minority party’s party list — and they
get government, you can be appointed to be an MLA. Now that opens up the
door to a lot of different questions that come to mind, right out of the
gates.
[1:45 p.m.]
I don’t know if there are current rules or laws — I know it’s a
moral issue — when you’re talking about cronyism. For those at home, if
you don’t know what cronyism is, Wikipedia defines it as the appointment
of friends and associates to positions of authority without proper
regard to their qualifications. Is that not taking MLAs off a party list
and appointing them to constituencies across B.C.? You compare that to
our current system, where you must participate in an election under the
rules of the B.C. Election Act.
In my village, we call cronyism nepotism, and we’re always accused
of it in the villages around B.C. That’s the phrase I’m more familiar
with. Nepotism is the practice among those with power or influence of
favouring relatives or friends, especially by giving them
jobs.
Who is going to be on these party lists, and why will they be
appointed? What will the criteria be? Let alone: will they have the
interest of the constituencies at hand when they’re appointed to a
constituency that they don’t even live in because it’s a party favour or
it’s a supporter? That is not democracy.
It’s absolutely incredible that the government of B.C. favours a
system like proportional representation, which is open to cronyism and
nepotism. These are serious charges when you are part of a band council.
It causes political chaos, in villages like mine all around B.C., when
you’re charged with nepotism. I see no difference here when you’re
talking about proportional representation except that it’s on a
provincial scale.
I know the government — the B.C. NDP, maybe even the Premier —
will put out more promises to put in protections against cronyism and
nepotism, but the promises made to date, so far, haven’t been lived up
to. So I have to err on the side of caution on this one. A promise
that…. I don’t even know what the promise would be. Appointing an MLA
that doesn’t run in an election, that doesn’t live in the riding is an
unbelievable position to take, especially in B.C., in Canada.
The only way to make sure that a referendum like this one that
we’re currently seeing is free from political rigging is to keep
politicians away from it entirely. In previous proportional
representation referendums, the government of the day formed the
Citizens’ Assembly to consider changes to our electoral system. The
process of forming the Citizens’ Assembly was to choose two randomly
selected citizens from each riding. In 2003, the members of this House
adopted this process unanimously.
It’s disappointing that this government completely ignored this
at-arms-length, non-political process in favour of a system that all but
guarantees the outcome they want. The amount of due diligence that was
done by the Citizens’ Assembly was gratifying, as a citizen of B.C.,
when I read up on this, not only by the process they put in place but
also by educating themselves on different electoral systems around the
world, including first-past-the-post and proportional
representation.
The result was a recommendation to change our current system to a
single transferable vote, which ultimately went to a referendum,
complete with a 60 percent threshold. Twice B.C. has voted on
proportional representation, and twice it was voted down — all because
the process itself developed by the Citizens’ Assembly was open,
transparent and free from political manipulation.
Now, there’s been a lot said in the media — and, more importantly,
the media in this House, which understands how this place works. They
live and breathe this stuff. They sit up in the gallery there, and they
watch our proceedings. They read Hansard , and they know,
without a doubt, what’s happening in here. I’ve read some of the stuff
they’ve printed over the years, and some of the stuff they printed I
didn’t like, but it was true. It was honest. It was factual. And just
about every major media outlet in B.C. has denounced this referendum,
because it’s rigged in favour of a yes vote.
[1:50 p.m.]
I think Bill Good said it the best. To quote Bill Good: “With the
ballots in the mail and people trying to make decisions, I think it’s
important to note that almost all the mainstream media and respected
political commentators are saying this referendum is flawed, without all
the information to make an informed decision.”
It is what I’ve been talking to people about for months: a flawed
referendum without the information needed. Even the Attorney General
said that if you don’t have the information, vote
first-past-the-post.
The opposite is happening today in terms of this referendum, and
it’s why I ask the members of this House to support my amendment to Bill
40, Electoral Reform Referendum Act, 2018.
B. Stewart: It’s a pleasure and an honour to rise today on something that’s
before the Legislature and before the citizens of British Columbia. I
just want to reach out to my constituents in Kelowna West. I know that
about 30 percent of them have returned their ballots, and I hope that in
the coming days, as they make their decision, this debate will help
influence their decision.
I want to speak today about the amendment that my colleague from
Skeena has introduced. I want to rise in support: that this House
decline to give second reading of the Electoral Reform Referendum 2018
Amendment Act.
The intent of the bill — to hold a subsequent referendum on
whether to revert to the current first-past-the–post voting system from
a proportional voting system, if adopted — is meaningless when the
government has failed to correct multiple deficiencies in the current
electoral reform referendum legislation, including not seeking a clear
majority approval from the electorate on a clear question, not providing
for sufficient and meaningful public engagement and using a confusing
and complex referendum ballot.
I want to talk about some of the things that I know we have
discussed in this House. There are many different deficiencies. Many are
still even unknown to myself, as an MLA here in the Legislature, but I
think they’ve been identified by members of this House. The Attorney
General has mentioned, as well as the Premier, that these things are
still yet to be decided.
I think, as we’ve seen, as this debate and the referendum
discussion has gone on across British Columbia, there is a lot of
concern from voters. I think the government — wanting to make certain
that they know the validity of what they’re choosing and going to
empower British Columbians with their votes in a coming election — needs
to make certain that there is adequate participation and understanding
of what it is that they’re choosing.
Now, there really are two choices on the ballot.
First-past-the-post is the first question, and then the second one is
proportional representation — some form of it. It’s not clearly
identified. As we all know, question 2 is a multiple-choice selection of
three different options that you can rank. What little is known about is
how these three systems will actually be put into place and how they
will be chosen.
I think that from the rigorous and aggressive kind of discussion
that we’ve had here in this House about the different types, etc., what
we’re really looking for is the answers that I think lots of British
Columbians, not all of them…. I think many are asking questions today
about what the differences are — dual-member proportional
representation, mixed-member proportional representation and rural-urban
proportional representation.
Of course, the two systems, dual-member and rural-urban, are two
that actually have never been used. They’re theoretical. They use
complex algorithms and mathematical formulas to redistribute votes. I
think for most people, they do want a voting system that they can easily
understand.
The current mixed-member proportional system — it is in use in
other countries — has a track record of certainly some confusion or
results that don’t always lead to what has been, I think, promoted as
one of the benefits of proportional representation.
[1:55 p.m.]
It’s not that just every vote counts…. It does under
first-past-the-post. It doesn’t count in the way that maybe some people
would like to see it, but the situation is that it leads to the type of
things that we’ve seen in this House over the last 18 months, where we
have a coalition that is effectively a proportional representation
system of sorts. We have two parties that have to work together to
maintain their advantage of being able to pass bills, as we see and have
been seeing here every day of the many weeks since we’ve been in the
Legislature.
It’s no different than today. This bill is being subjected to
closure because of the fact that the government has allowed for a debate
on this. However, it is not finished, and the bottom line is that
they’re using that authority and power and, blindly, the Third Party is
supporting the government without any kind of suggestion about
amendments or clarity or changes.
What we have in front of us is the example of where a system of
proportional representation is in action, and the bottom line is that,
really, even though this side of the House has 42 of the 87 seats in
this Legislature, we’re unable to suggest amendments or
recommendations.
I know that we saw one amendment, very minor, in terms of the
speculation tax, Bill 45. I think, if anybody was listening in the last
number of weeks, it is clearly a piece of legislation that many
communities, many businesses, many people in the business of creating
accommodation want to see, that they don’t put in rules that prevent
increased housing supply, which is, I think, the government’s noble
objective in that particular regard.
The situation is that the amendments, regardless of how sound they
are, are completely rejected. There’s no discussion. There’s no
committee work. So I guess the thought of collaboration, proportional….
What will change in the future?
The likelihood, as the member for Skeena pointed out, is that
we’re going to end up with many different…. Of the 27 registered
political parties in British Columbia, who’s to say that we won’t have
50 all of a sudden, within a few years? I think that the example of
those parties in other jurisdictions has shown that the growth in
political parties will grow.
Interjection.
B. Stewart: You’re correct, Member, in saying that they have to have 5 percent
so that they won’t be the real extremes, but on the other hand, we only
have to look to New Zealand, first, where they have the balance of
power. They have eight members, and of them, their Deputy Prime Minister
wasn’t even elected. He’s from a party list.
We can’t ignore that, and we can’t ignore the fact that we have,
in Germany, a similar system. We have the Germany-first party doing the
very same thing, with 91 of 94 members, not actually elected but
appointed from party lists — a very radical and extreme group — far more
than the 5 percent that the member is referring to that will keep the
fringe elements…. It will keep the most fringe perhaps, or the least
credible, but the reality is that credibility….
When you look at these other parties and their platforms, those
parties, obviously, were credible enough to garner enough support in a
proportional system to be able to put extreme views forward and make
certain that it was possible for them to be a part of that
coalition.
As the member for Skeena rightfully pointed out, the reality is
that it doesn’t lead to this panacea of cooperation. It leads to the
fact that often…. If we look at Italy — 66 elections since the Second
World War. How is it possible to think that that’s stability? Canada,
with 22 elections has had a third of the elections that have actually
gone on in terms of this.
The idea that we’re getting stability, a cost-effective
government, more collaborative and that every vote is going to make a
difference, etc., is conjecture at this point.
I think that one of the things that is clear…. I say this thinking
about what we have in front of us. One of the reasons for this amendment
is that we have a concept. That’s what we’re voting on. It is not clear
that we’re picking mixed-member proportional representation or
rural-urban or dual-member.
[2:00 p.m.]
I know that we had dual-member at one time in this province.
Knowing both MLAs in the Kelowna area that represented these ridings,
Cliff Serwa and Larry Chalmers, I asked Cliff, and Cliff tells me that
the dual-member ridings were very ineffective. It was unclear as to
where the boundaries were.
In my particular case, in Kelowna West, the boundary is very
precise between the ridings of Kelowna-Mission and Kelowna–Lake Country,
Vernon-Monashee, Shuswap. I have to say that the reality is that
although we work collaboratively, we know it’s the MLA in that area that
is the responsible MLA.
We talk about this concept. We don’t really know, with any of the
systems, this information, the most basic: how many MLAs are there going
to be in this House? I look around, and I don’t see vast amounts of
unused space in here, knowing that, Madame Speaker, you have yourself
shoehorned in here between all of our desks, as do the government. The
reality is that — you know what? — I don’t know where the space is for
these extra ten, 15, 20 seats that are going to come. So that’s one of
the things.
For the members that represent this House that come from ridings
such as Skeena, Stikine, in the north, Peace River North, these ridings
are the biggest, but they’re vast. The fact that we would even consider
diluting the representation of the people that have gone out and
pioneered areas, to be able to think that they’re going to have less
representation…. It would take them days….
Now, I’m not saying that that isn’t a problem in some of the other
ridings. As the member that’s speaking for Kootenay West…. I know that
in her riding, she has time as well. She has time to get around her
riding and constituents, etc., and it is difficult. But just imagine for
a moment that we triple or quadruple the size of that.
It’s easy enough if you’re in Vancouver or the Lower Mainland or
southern Vancouver Island. But the idea that rural ridings, maybe the
Okanagan…. As we’ve seen under the proposed maps of the 2009 electoral
referendum, the maps showed clearly that the Okanagan would be a riding
from Princeton all the way over to the border, up to Vernon. It’s
unbelievable. I think it’s delusional to think that this system is going
to give more on-the-ground, local people the ability to make the
decision as to who they want as their representative.
I think the other thing that we…. The size of ridings, as we’ve
seen from the work that was done by the citizens’ assembly back in
2003…. It showed the fact that there was…. We had larger ridings. There
was going to be a different approach, and that system that was
considered was off the table this time.
To the government, what’s going to constitute rural versus urban?
I know that I’m from an area that’s growing rapidly. Is it considered
urban now because of the fact that the population is nearing 200,000
people in that geographic centre? I don’t know.
Then, I guess, the bigger issue is: what’s going to happen with
the voters’ choices in terms of party lists? Is it going to be an open
or a closed list? I think we all know that the Premier spoke out about
the fact that he’s opposed to closed lists, and he wants to make them
open.
What I think is important and the reason that this amendment is in
front of us is the fact that we do not have clarity in terms of what it
is that we’re selecting. We’re being left to a committee that will
likely be controlled by the government that will make these decisions.
“Don’t worry. Take a leap of faith.” We’ve heard lots about that. As a
matter of fact, that’s what Bill 40 is all about. It was created after
and introduced after the referendum was actually started.
Here we are in the supposed last week, which has had an extension
because of how flawed this whole process has been, whether it’s ballots
that have been found in apartment recycling bins, etc. But we have
thousands and thousands of people that have talked about the validity of
the ballot.
[2:05 p.m.]
I think the fact is that there’s no question that there’s a danger
that we have grounds for, perhaps, a spoiled referendum. The validity of
those ballots, the fact that the signatures….
Members from our side of the House went to Elections B.C. They
were told by Elections B.C. that they’re not validating the signatures.
They are looking to make certain that that ballot, that that person, is
on the voters list and that the birthdate matches up, which is easy
enough to find out if you happen to be a good Facebook searcher. The
reality is that there is room for doubt in the minds of the people of
British Columbia that this vote will be spoiled. The fact is even
Elections B.C. has said that.
How is it that we could possibly consider altering our voting
system on the basis of the fact that we’ve got people that maybe are
willing to do anything to see their side win in a particular election
like this? This is not a democratic process in the way that it should
be.
To change our democracy in this type of thing, this should have
been a secret ballot, just the same as it is during a provincial
election. The idea that it’s been rushed, etc…. I mean, I know that
there’s a lot of contradiction about whether that’s true or not, but the
bottom line is that we even have the agency that is responsible — the
independent agency, not to be politicized by the government —
essentially in doubt of some of the things.
It’s fine if it’s an indication on a direction where the
government might go. I’m not certain that I believe in that type of
governance. More importantly, on page 8 of the guide from Elections B.C.
that was circulated to every household in British Columbia, there’s a
promise in here — when the ballots were actually already in the mail and
before Bill 40 had been introduced in this House — that we were going to
guarantee that there was going to be, in two election cycles, another
referendum, and you’re going to be able to change it back. That’s the
leap of faith.
Well, that’s wrong. That’s undemocratic. It just doesn’t make any
sense at all. The bottom line is that what happened to the system that
people actually told…. The citizens’ assembly told British Columbians
that they wanted to go with what they thought was the best proportional
system. That was the STV, which ran both in ’05 and ’09 in general
elections and was soundly defeated under the rules of where the
threshold was, at 60 percent of the voters having to support
it.
Now we have this referendum, and we’ve reduced the majority down
to a simple 50 percent of the ballots cast. The fact is that we’ve got
an agency like Elections B.C. that can’t verify or certify the fact that
every one of these ballots cast has actually come from the voter it was
intended for. To me, that stinks.
I do think that when we look at this referendum, there are
parallels today in the way that this has been run and the way that
certain things have started to take place, even in the past week, here
in the Legislature.
The situation is that we want transparency. We want to make
certain that when people see something from legislators, like myself and
the others here, that there is 100 percent certainty of the fact there
is clarity and truthfulness in that. The bottom line is that Bill 40
deserves to be delayed because of the fact, really, of these things:
multiple deficiencies, the fact that we haven’t had that meaningful
public engagement.
What happened on the meaningful public engagement? I filled out
the engagement back in February. I don’t recall being asked about STV
and where it ended up. I haven’t seen the results of that engagement to
show that STV was clearly not one of the preferred models, even after
the citizens’ assembly spent over a year going around and talking to
British Columbians. That’s the system that they believed that British
Columbians wanted, a system of being able to rank people within that and
essentially being able to elect elected representatives by voters
through a system that they designed themselves.
This system has clearly been rigged in the favour of party lists.
I mean, come on. This is about parties rather than the voters. The
voters should have the first right of being able to make the decision
about who they’re voting for. And the fact is that this party list is
going to lead to people probably getting less engaged in voting, rather
than being more engaged.
[2:10 p.m.]
I mean, if I don’t know anybody on a party list…. How many times
do you go to vote in a civic election — or municipal, regional district,
school board — and you know everybody who’s on there? I had to do as
much research as I could about each candidate.
To think that, on a party list, there are going be 20 or 30 names,
and I’m going to have, maybe, a choice at selecting or approving those.
I’m going to maybe have heard of some of them, but it is fundamentally,
democratically wrong. It is not the type of transparency. That’s what
people are saying.
The media, all week, have been talking about: “Let’s be clear and
honest and truthful about what it is that’s going on here.” I think that
this particular bill only adds another black eye to the government in
terms of what their objective is and in terms of what they’re
doing.
The bottom line is that they need to come clean on this in the
sense that Bill 40 is about this promise on page 8 of the referendum
guide that says: “Another referendum will be held after two general
elections to see if B.C. wants to keep the new voting system or go back
to using first-past-the-post.” How disingenuous is that?
The reality is that…. Let’s be clear. Why don’t we have
transparency right up front? Let’s have a debate. Let’s get on with the
idea that, if voters want a change, like everybody thinks that they do….
There’s no doubt there are people that are passionate about it both in
my riding and many ridings around the province.
The reality is that, at present, we still only have a voter
turnout, even if all those votes are legitimate, of probably just over
30 or 35 percent. We’ve extended the referendum for another week, and
hopefully, without any other postal interruptions, etc., Elections B.C.
will get that information.
I have no idea how they’re going to count. We know that they can’t
validate those ballots that may have come from the recycling bin in
apartment buildings where people have picked it up and sent it in. Who’s
to say that it’s not their ballot? It’s got the birthdate on it. It’s
got a signature. They’re not validating. I don’t think Elections B.C.
knows what my signature looks like. I think that the reality is that we
really do have a significant problem.
Speaking further to this amendment, I just want to make certain
that we give this sober thought, that it’s transparent. The fact is that
we move forward on the basis that we know that this referendum has some
imperfections — the imperfections of whether the ballots are legitimate.
There’s a possibility, as we have heard, that the ballots may not be as
truthful or as forthright or as honest because the system is not a
closed or secret ballot as it is in general elections.
I think that the idea that the voter turnout, if we’re going to
make this change…. Let’s just say that, as some polls suggest, maybe
it’s a dead heat. Is it worthy for the British Columbian voters to
change our electoral system on the basis of maybe 15 percent or possibly
20 percent of the voters saying: “We want to change”?
The fact is that they’ve been confused, lots of them. I know many
examples of people that have accidentally recycled their ballot because
it doesn’t look much different than a lot of mail that comes into
people’s homes today. The situation is that, if we’re going to make this
huge democratic shift, we want to make certain it’s done in a fair,
transparent manner that everybody understands and that we get full voter
participation on this.
I’ll take my place. Thank you for listening to me on this
amendment.
S. Gibson: I want to thank my colleagues, particularly hearing a good
presentation by my colleague from Kelowna West and thoughtful remarks
earlier by the member for Skeena.
Speaking to the amendment…. Yeah, it’s definitely in order that we
need to delay this process. It’s quite alarming. As the member for
Kelowna West just noted a moment ago, the real sense is that this
government was not prepared and rushed into this approach with the
electoral reform referendum, Bill 40, to the extent that the whole
culture of our province is disturbed and alarmed.
[2:15 p.m.]
I want to make a comment about young people today. The Premier has
alluded to the fact that this appeals to young people, perhaps more than
others. However, as someone who taught university for many years, I will
say this: young people, unfortunately, are cynical. They’re cynical of
sports heroes, they’re cynical of movie stars, and of course, they’re
cynical of politicians.
Here we are in our Legislature, this forum for democracy in our
province — this only, unique forum. It’s my sense that young people
today, as I talk to them, are cynical, and that cynicism is being
promoted by Bill 40. We know how partisan it is, how political it is.
The intentions are not honourable. We understand the roots of this
initiative. It’s all about keeping this government in power.
The tragedy is at what price. At what price will this marriage,
this temporary relationship between the NDP and Greens, unravel? All is
hanging on this Bill 40. I’m alarmed to see that, as someone who has
been involved in elected office for 37 or 38 years. I look across at the
other side of the House, and I’m disturbed. I really am
disturbed.
Now, the tragedy is that nobody really asked for this. If this
were only $300,000 or $400,000 and a random vote to test the public, I
suppose that would be defensible, but spending $14 million to $15
million of the taxpayers’ money with no request? I’m not
sure.
Hon. Member for Kootenay East, did you get anybody asking you for
this? I didn’t either. My suspicion, along with the member for Kootenay
East, is that probably most of us didn’t get asked for this, and here we
are, in the midst of something so disturbing and so
complicated.
Why do I mention cynicism? The first two goes at this, the first
tries at electoral reform, were done in a non-partisan way. There was a
citizens’ assembly, a lot of consultation. Well, the result was that it
was defeated on both occasions. Now here we are at it again, a third
time, not by request. I’m troubled by that. I think this government is
going in the wrong direction.
The likelihood is that there will be a relatively small turnout.
We don’t know the final figures yet, but this government has said it
doesn’t matter. A teeny, tiny turnout — not a problem: “We’ll abide by
the results, whatever they are.” Well, that’s troubling as well. It
really discredits the power of democracy. May I say this.
Deputy Speaker: May I ask you to take your seat for but a moment to entertain an
introduction.
The minister seeks leave to make an introduction.
Leave granted.
Introductions by Members
Hon. K. Conroy: Earlier today the Minister of Tourism, Arts and Culture, who is the
MLA for Maple Ridge–Pitt Meadows, introduced a group of students who are now
in the gallery with us today. They’re all from Maple Ridge Secondary School.
I wanted, on her behalf, to introduce you again and welcome you to the
Legislature. I hope you enjoy your afternoon.
Debate Continued
S. Gibson: It’s a pleasure to speak to this again, representing my
constituents of the Abbotsford-Mission riding.
[2:20 p.m.]
I’ve made the point in earlier remarks regarding something called
a pyrrhic victory. A pyrrhic victory, as probably most of you will know,
is when you win all the battles but you lose the war. I’m afraid that,
should this pass — I certainly hope it doesn’t — this, in many ways,
will be a pyrrhic victory, because it’s setting the stage for another
referendum, which could possibly change our political system forever. We
can be victorious in the battle but lose the war, and I worry that this
government has little regard for that.
My tenure in elected office has taught me that democratic
accountability is everything. Most of you know someone who has been
defeated for elected office. I’ve been defeated. I ran for office and
was defeated. It’s okay to be defeated, but it’s better to keep trying.
We’re all elected to this place today because of accountability and
electoral democracy.
With all three of the proportional representation proposals, there
will be appointed members. How will that accountability work? Nobody
quite knows. In fact, there are over 20 dimensions to proportional
representation that have not been explained by this government. Indeed,
as I look at this Voter’s Guide , it’s really hazy as to how
these three systems that are being proposed really operate. In fact, one
of them doesn’t even exist. I’m not quite sure why it’s on there. I
believe it was kind of dreamed up as some kind of ideal.
Our system works. It’s easy to explain. I was talking to a young
person just the other day, and she expressed some support for
proportional representation. When I asked her a few questions…. “Did you
know there will be appointed MLAs?” She wasn’t clear on that. “What
about the ridings? What about the sizes? Who’s accountable?” Now, I live
in my riding. I have a listed home phone number. My office is in the
riding, on a busy street. People just drop by to say hi. They know I’m
their MLA.
One thing I never do when people come and see me for an issue, if
they want to talk to me about something…. I never say: “Oh, by the way,
did you vote for me last time? Are you a B.C. Liberal?” Of course not,
because first and foremost, I’m an MLA for everybody in the riding —
everybody. I believe that applies across the floor as well. We are MLAs
first and, to some extent, the partisan side second. When we come to
this Legislature, it’s magnified; it’s emphasized. But in the
constituency, I don’t talk about my party affiliations. In the office,
it’s irrelevant.
Under proportional representation, the system will become
highly partisan. Remember: lists. Lists of what? Lists of favourite
chocolate-chip cookie recipes? Lists of favourite names? No. Lists of
parties. That’s what it will be. It’ll be lists of parties. You’ll have
two or three MLAs. You’ll have, maybe, myself being elected, and then
have a couple more representing two other parties, who may be appointed
from lists. The tragedy is that it makes the system very
partisan.
I worry, and this has been shared significantly here in this
chamber, about the resurgence or the growth of micro-parties dedicated
to divisive causes — the Vancouver Island Party or, maybe, the
Vegetarian Party. Whatever it is, parties that have a very narrow
constituency may get 6 or 7 percent of the vote and get seats in the
Legislature. It can be highly disruptive.
Here’s the point on that, speaking to the amendment. We have,
basically, two major parties in this House. One is centre-left, and one
is centre-right, but we’re consensus parties. On the government side,
there are three or four different camps represented within that party.
That’s a good thing; that’s a healthy thing. That’s a consensus-building
arrangement.
[2:25 p.m.]
On our side of the House, I would say, as an umbrella party, we
have different folks that come under that umbrella — all for the good of
consensus. We’re building consensus all the time. That’s a healthy thing
— speaking to the amendment. We want to be united. We want to be
together as one, because it’s for the good of the taxpayers.
Now, we’ve heard about the tragedy of proportional representation
in some other areas. It’s often cited: well, what about Northern
Ireland? Not a good example. They’ve gone for months without
government.
Here’s the point that I want to share, which we haven’t talked
about too much: proportional representation is more expensive, according
to research. I’m advised that in countries that have proportional
representation, they will spend 6 to 7 percent more because of all the
negotiation with the smaller parties. Check it out; the research is
available. In proportional representation, you’ve got a lot more
spending because you’re always trying to aspire to serve the smaller
party and make them happy. Well, the tragedy there is that you’re
spending a lot more money unnecessarily.
If we’re going to add a whole lot more seats to this legislature,
I’m not sure where we’re going to put them. We may have to have
split-level seats. That’s going to be a lot more cost as well. If you
ask the public, “Would you like to have more MLAs…?” If you surveyed
them, I think most of them would say: “How about less MLAs? Why do we
want more?”
Coalition governments struggle. We’ve seen that in Belgium,
Germany, Northern Ireland, as I mentioned, and many other countries.
Coalitions don’t give good government, generally. They can. I’m not
saying it conclusively, but for the most part, having good, solid,
majority government is good leadership. Now, if people are unhappy, they
toss those folks out and replace them. That’s the basis of
democracy.
One of the troubling aspects to the current vote which is taking
place right now…. We have a week’s extension. This was noted a moment
ago, and I want to just reiterate: Elections B.C. cannot confirm the
signatures on the ballot. They can’t confirm them. If they get a ballot
with a signature, they can’t identify it. They don’t know whose it is,
but you’ve signed it. My question is: are they accepting that ballot?
I’m wondering about that. Are they accepting a ballot with a signature
they can’t identify?
The second thing is birthdates. Some of you know — all of you know
if you’ve seen the ballot — a birthdate is required. Well, if a person
doesn’t put their birthdate on and the ballot is found by somebody, it’s
not very difficult to find the birthdate of someone, using Facebook or
some other means. There’s a lot of information on the
Internet.
I’m very worried. I’m questioning the veracity of the ballot
process — troubling. You can’t identify the signature, and the birthdate
can be found elsewhere. Now, we know that hundreds of ballots are just
being discarded in apartment buildings, condo projects, just left in the
lobbies. Well, suppose somebody intercepts these? I’m worried about
that.
I’m alarmed that this process is really flawed. I think we
definitely need more time on this. The government, I think, has done a
very inadequate job of getting ready for this referendum. It was never
requested. Nobody wanted it. Now here we are in the midst of something
where it can be approved by only 50 percent plus one — to change the
whole system, potentially forever. I’m alarmed, and those are the
comments I want to make.
[2:30 p.m.]
G. Kyllo: It is always a pleasure to rise in this House and actually share
my thoughts on behalf of residents of the Shuswap. Shuswap is an amazing
riding. I know, Madame Speaker, you had the privilege of actually
spending some time in Shuswap a number of years ago, and I know you can
attest to just how amazing the Shuswap is.
Shuswap Lake is one of the most pristine waterways, the best
boating in western Canada. Shuswap is about 8,400 square kilometres,
comprised of five different communities, five different First Nations.
Actually, all are part of the Shuswap. It is always great to stand in
this House and speak on behalf of those hard-working individuals in the
Shuswap.
Speaking to the amendment on Bill 40 that is before the House, I
think it’s important to go back and, as my colleague just previously
indicated…. Where is the demand for this referendum in the first place?
I know back in the election in 2017, I canvassed a lot of doors and
talked to literally hundreds upon hundreds of individuals in Shuswap,
and not once did one individual in 2017, coming up to the 2017 election,
ever mention to me any concern about the manner in which we actually
elect governments here in British Columbia.
As has been canvassed here in the House previously, we’ve had two
referendums previously — one in 2005, I believe it was, and the other in
2009. In both instances, there was a resounding no from British
Columbians. They were not interested in moving away and deviating from
the current electoral system that I believe serves both our province and
our country extremely well.
[R. Chouhan in the chair.]
Canada is one of the most sought-after countries around the globe.
We’re recognized internationally as being a very robust democratic
nation, and I’m very proud to be Canadian. When you have a look at the
referendum that’s before the House, there certainly wasn’t a lot of
demand for it, coming up to the 2017 election. So we see ourselves here
with this referendum that’s been pressed upon British Columbians, and we
have to take stock and actually give thought to the reason why that
is.
I think we have to look no further than the three Green Party
members and give thought to what would be in their interest and why they
would be moving so hard and applying pressure to their NDP partners in
order to see this referendum on proportional representation actually
move forward.
As the three Green Party members, who had about 16.8 percent, I
believe, of the provincial vote…. Under any form of proportional
representation, the vote or the number of seats that they’d actually
maintain in this House would be reflective of the provincial vote. At
16.8 percent of the 87 seats in this Legislature, the easiest and the
quickest way for the Green Party to actually increase their seat count
in the Legislature would be to move towards any form of proportional
representation. I think this is certainly very self-serving from the
Green Party in that it’s the way that they can actually increase their
seat count in the House most dramatically.
I know that in previous referendums, both in 2005 and in 2009,
there was a citizens’ assembly that was actually struck. About 160
individuals from across British Columbia were selected to actually
canvass British Columbia to have a look at different forms of electoral
processes that are undertaken around the globe and to make a
determination on which form of proportional representation they felt was
most desirable and the best to put before British Columbians as part of
a general election in order to seek their advice and suggestions as far
as whether they would like to actually see a different form of electoral
process in British Columbia.
The citizens’ assembly — again, independent of any political
players. As has been stated in this House, there are no less than 19
specific details that are not decided now and not presented to British
Columbians. Those choices, those selections, those details would
actually be determined after the referendum by what’s deemed to be an
all-party committee, which is dominated by both Green and NDP
members.
It’s really important when we have a look at something as
fundamental as the way that we actually elect governments here in
British Columbia that British Columbians are presented with all of the
facts, that there is a clear choice. I think British Columbians,
largely, have a good appreciation and understanding of the current
electoral process we have in British Columbia — first-past-the-post.
It’s adopted by all provinces in Canada, and it’s also used in our
federal election. It’s something that’s well understood.
[2:35 p.m.]
When you look at giving British Columbians a choice, an option, to
go away from the current first-past-the-post to another form of
electoral governance, it’s important that they have all the details. But
again, 19 specific details have not been identified, not been provided
to British Columbians.
As the Premier has indicated, he’s asking British Columbians to
take a leap of faith. As one of our esteemed columnists indicated, it’s
more like a leap into the dark. I think that is something that we have
to be cognizant of.
Again, just speaking to the amendment, this bill that’s currently
before the House…. When you have a look at even this particular bit of
legislation, in the midst of a referendum…. I believe it’s actually
offensive for this legislation to be before the House and be discussed
in the middle of a referendum of the magnitude, significance and
importance that is before British Columbians now.
Back to the details in the 2005 and 2009 referendums. Again, an
all-party citizens’ assembly was actually struck to identify which
system. In the 2009 referendum, Elections B.C. actually went out and
developed the riding maps so that British Columbians, when they went to
the polls and had that option of potentially giving consideration to a
form of proportional representation, had all of the riding maps so they
could see how their actual ridings would be expanded. It’s my
understanding that with the current three systems that are presented
before British Columbians, the ridings would, at minimum, double in
size.
At the outset, I indicated how the Shuswap riding is about 8,400
square kilometres. Some of the ridings in British Columbia are over
100,000 square kilometres already. So giving consideration to doubling
the size of a riding that could be as large as 8,400 kilometres, or up
to 100,000 square kilometres and doubling that, you would have a riding
literally larger than Vancouver Island and larger than Prince Edward
Island. The manner in which that representative would actually be
elected is something that I think British Columbians are very, very
concerned about.
I’ve resided in the riding of Shuswap for over 40 years. I
attended elementary and high school there. I married my high school
sweetheart over 30 years ago this year, raised our four daughters. We
have seven grandchildren all still residing in Shuswap. I’ve worked and
resided and spent time on non-profit organizations in the Shuswap. I
think it’s that understanding of a community which provides you that, I
guess, intrinsic knowledge of what actually makes the vibrancy of your
community, to be able to properly represent them in this
Legislature.
We know that with the three different forms of proportional
representation, in any case, some of the members would actually not be
elected by the residents or citizens within your riding. They would
actually be selected from party lists. One has to wonder how you would
have an MLA representing your riding that may not even reside in your
riding, may not have spent any time within your riding. You have to take
stock and give wonder to what kind of representation they would be able
to provide.
Although I know the Shuswap extremely well, I certainly would not
feel comfortable in moving to a new community on Vancouver Island, as an
example, and suddenly feeling that I had all of the knowledge necessary
to provide proper representation to those residents. But that is exactly
what would happen under any form of proportional representation, should
that referendum actually pass in favour of PR.
When we give consideration to the manner in which this referendum
has actually been brought forward to British Columbians — the fact that
there was not an independent, all-citizens assembly to actually create
the options, that 19 different specific details have not been identified
and are going to be left for the politicians to decide after the
referendum — I think everybody is extremely concerned.
Then, also, you have a look at the manner in which this question
is being put before British Columbians. There is nothing more
fundamental, of importance, than the manner in which we actually elect
our representatives, the way that we actually elect our governments, in
this great province of British Columbia.
[2:40 p.m.]
One would certainly think that the government would have a
responsibility to ensure that whatever manner in which they put that
question to British Columbians, it would be designed in such a manner as
to ensure maximum voter participation.
I believe that in the last provincial election we had about 57
percent voter turnout. We know from previous examples that whenever we
go with a mail-in ballot, the voter participation rates are far less
than that. Clearly, if the intent is to truly get the direction from the
majority of British Columbians, you would certainly expect that the
government would design the referendum in such a manner as to ensure
maximum voter participation. By doing so, that would be by holding a
referendum in conjunction with a provincial election.
But that certainly isn’t the case. They have chosen the one
option, the mail-in ballot, which we actually know, historically,
provides some of the lowest voter turnouts. I think that if we give that
consideration to…. Why would the government decide to have such a
fundamental question of such significance and put that question to
British Columbians not in conjunction with a provincial election but
through a mail-in ballot?
We certainly have seen, with the voter participation rates to
date…. Today it was sitting around 32 or 33 percent — certainly far
short of what we’d see as far as voter participation rates that would
actually occur had it been in conjunction with the provincial election.
As we’ve heard, Canada Post is actually expanding and extending the
deadline by a further week, through to the first week of
December.
I do hope that British Columbians take the time to ensure that
they send their message to government to let them know what their
thoughts are on the current referendum that is before us. It certainly
has been the topic of all of the media outlets over the last five or six
weeks now.
There wasn’t a lot of discussion early on. During the summer,
there was very little discussion at all on PR. Even into September, when
I was asking constituents in Shuswap — just asking them about their
thoughts on the upcoming referendum — many, many constituents indicated
that they had no knowledge of the referendum.
I’m happy to see that the media has been providing really good,
solid coverage. They certainly are expressing their views. Even the
Vancouver Sun editorial board felt that…. They were quite
bold in their statement, saying that the manner in which the current
referendum was put before British Columbians is something they can’t
support. So not just the 19 details, but you also have to look at the
level of threshold.
I was talking about the voter participation rates. That’s one
concern. The other concern is that if you’re looking at fundamentally
changing the way that we elect governments in British Columbia, you want
to make sure there is a very strong and very clear mandate. Previous
referendums had two thresholds. They both required a 60 percent
threshold in order for a referendum to actually pass, and it also had to
pass in 60 percent of the ridings.
If we look at the makeup and the geography and the different
economies of British Columbia, it’s important that every riding in the
province has a direct say in the actual outcome. Previous referendums
had the 60 percent requirement in order for a referendum to pass, and as
well, it had to pass in 60 percent of the various ridings around British
Columbia. That only makes good sense. That would provide a strong
indication to government that there actually was, indeed, a need and a
desire to change.
However, what has the current government, on direction from their
Green partners done? They’ve removed the regional threshold, which was
something that the Premier actually promised during the election — that
the regional threshold would still be maintained. Broken promise by the
Premier. Broken promise to British Columbians. That regional threshold
was actually removed.
In addition, they reduced the 60 percent threshold to 50 percent —
a bare-minimum majority, the lowest-possible majority, that you could
have. A 50-percent-plus-one vote could effectively change the way that
we elect our governments. That’s extremely concerning.
[2:45 p.m.]
I know that the NDP party itself, their own constitution within
their own party…. If they want to change the policies within their own
party, it requires a two-thirds majority. A two-thirds majority in order
to change the direction — I think that most people could actually
understand and appreciate that.
Look, if you have an organization and you are going to
fundamentally change the direction of that organization, you can’t have
that pass on a bare 50 percent plus one because you could do the vote
the next week, and it could go the other way.
There’s a reason why they have a very high threshold when you’re
making a change as significant as changing the policy direction of the
NDP party. Even the Societies Act of British Columbia…. The Societies
Act of B.C., that all non-profit organizations are actually required to
attain to and to follow and adhere to, also sets out a two-thirds
majority for any direct policy change within those
organizations.
If it’s important enough for the NDP party to have a two-thirds
majority to change the direction of their own political party and if
two-thirds is the requirement that we impose upon non-profit
organizations if they’re going to fundamentally change the policy
direction of their organization, one has to wonder why on earth the NDP
would lower that threshold for something as important and significant as
the way that we elect our governments. Why would they reduce that to a
bare 50 percent plus one?
Well, I think, again, we have to look no further than the Greens.
We know that the NDP were very anxious to get keys to the treasury, and
the manner in which to do that was to form an alliance with the Green
Party. In order to get that alliance and get that support of the Green
Party, there was a whole series of concessions that had to be undertaken
by the NDP in order to gain the confidence of the Green Party. That’s
all set out in the confidence and supply agreement.
Again, you have three Green Party members representing only three
out of 87 ridings in the province, attaining only 16.8 percent of the
provincial vote. Yet, they have disproportionate influence on the
current government in order to ensure that they have a way of actually
imposing upon the government their desire for things that they see in
their self-serving interest. That is exactly what we would see
forevermore under any form of PR.
Let’s just think about the mechanics of this. As I indicated, 16.8
percent of the provincial vote by the Green Party who elected three
members to this House, the representatives of the Green Party…. Their
message only resonated with the majority of voters in three ridings in
British Columbia. Now, under the last provincial election, had PR been
in place, 16.8 percent of 87 seats…. Doing the math quickly, that’s
probably around 17 seats. So the Green Party would actually be entitled
to an additional 14 seats that they didn’t win. So where would those
members come from? Well, those members would be selected off of a party
list.
The leader of the Green Party, along with his comrades-in-arms,
would actually have a look at their friends on this party list, and they
would start to identify 14 of their biggest friends or contributors, and
they would actually assign those people seats around British Columbia.
These other 14 members would not have been duly elected by their
residents or citizens of British Columbia. Yet, they would have an
opportunity to take a seat in this House, representing constituents in a
riding where they may not reside, likely would not reside, and may not
have even spent any time. I think that is absolutely
offensive.
The system that we have, first-past-the-post, in British Columbia
serves us extremely well. Certainly, no electoral system is perfect. But
there are lots of efforts that we could undertake in this House to
improve the way that the current Legislature operates. I know that the
NDP certainly speak a lot of rhetoric about a new way of doing business
and about being collaborative.
I believe, currently, there are 21 pieces of legislation that are
before the House, private members’ bills that are sitting before the
Legislature that could get called. So if the current government actually
believed in the idea of collaborating with all parties, they certainly
would have the opportunity to bring forward any one of those bills for
consideration here in the House in a collaborative, networking manner.
But they have failed to do that.
[2:50 p.m.]
As we look to this current referendum and the current bill that’s
before the House, even giving consideration in the middle of a
referendum about imposing on a future government two elections from now,
forcing upon a future government a form of referendum…. It’s ludicrous.
A current government cannot bind a future government.
Again, what was the strategy? What was the reason why the NDP
would make the determination of holding off the current bill that’s
before the House until this fall session? It could have been brought
forward last spring, but they chose not to. It was politically driven
and strategically placed such that this bill was before the House in the
midst of the referendum — which, by the way, was right on the heels of a
municipal election. Again, just adding more complexity and confusion to
voters around British Columbia.
I’m a proud British Columbian. I’m a very proud Canadian. The
electoral system that we have both in B.C. and Canada, I believe, has
served us extremely well. No system is perfect. There were certainly
opportunities, and many opportunities that are available today to the
current government, should they look to make some small changes to
actually provide an opportunity for more collaboration with the
opposition parties. But we certainly aren’t seeing that, and we
certainly are seeing the three Green Party members have disproportionate
influence on the current government.
With that, I will take my place.
J. Isaacs: I rise today to speak to the amendment to Bill 40, the Electoral
Reform Referendum 2018 Amendment Act.
As we approach the end of the voting period, it’s imperative that
we raise concerns. I want to raise the concerns that I’ve heard from my
constituents, concerns that are shared by the rest of British Columbia.
What it really comes down to is simply a lack of information. There are
still just too many unanswered questions for citizens to appropriately
respond to the referendum question. Voters are frustrated with the
process. The only thing that’s getting clearer is that this process has
been absolutely flawed from the very beginning.
This referendum is one of the most significant things that British
Columbians will vote on. It is imperative that citizens are given time
to understand what exactly it is they are voting for and what the
possible outcome of their vote might be. It’s only fair that they are
given adequate information before they make their decision. This vote
has the capacity to change the fundamentals of our electoral system. It
will impact British Columbians both at the local level and across the
province.
Citizens are beginning to understand the flawed process of this
referendum and the lack of thought that went into it. In the last
referendum, there was an independent citizens’ assembly that was
comprised of 160 panel members. They consulted with British Columbians
from all over the corners of the province to see what kind of
improvements citizens would like to see and how the referendum question
could be posed.
This is a far cry from the referendum that’s before us today.
There was no independent citizens’ assembly, and there was no
consultation with the public. There was only a skewed on-line survey
that very few British Columbians were aware of or even participated in.
Instead, the Attorney General and his staff decided what the process
would be. He also decided how the question would be worded. The Premier
promised citizens a clear ballot with a simple yes-or-no question: do
you want to change our electoral system?
It should have been an easy question to respond to, and it should
have been asked at the same time residents were voting in municipal
elections. After all, they would already have been at the
polls.
[2:55 p.m.]
This would have eliminated an additional cost of printed
materials, postage for mail-out ballots, the need to hire additional
electoral officers and the need to pay for return postage — all at an
additional cost of about $15 million to taxpayers.
This referendum was called when citizens were busy considering
local election issues. Convenient timing, really. Many citizens were
busy informing themselves about prospective candidates and their
platforms. They were also doing their due diligence and taking time to
understand what the issues might be in their local
jurisdictions.
Sure enough, the Premier did not keep his promise. There was no
simple question, yes or no, and this question was not asked at the
municipal election. It would have been easy to simply ask citizens if
they felt there was a need to change our electoral system. That could
have been the beginning of a reasonable process to determine what
changes should be made to the electoral system, if any.
We know the timing of elections. Whether it is a municipal,
provincial or federal election, we are given fair notice. Citizens
should have been given fair notice for the referendum too. The
government has a responsibility to organize its affairs and time in
accordance with particularly significant events, such as a municipal
election.
It was irresponsible of the government to dismiss how important
municipal elections are to citizens, and it was unfair to have called a
referendum in the middle of a municipal election. This prevented
citizens from being fully informed on both local and provincial matters.
Now that the dust is settling somewhat, citizens are asking why this
referendum is being carelessly rushed through — trying to push through
significant legislation that, according to Elections B.C., cannot be
implemented any earlier than 2021.
It raises concerns. Voters would like to know why there’s so much
urgency placed on holding a referendum vote right now and what the
underlying motivation could be to rush through something so important, a
decision so vital to our democracy and one that will materially change
the way in which we govern in this province.
Who is pushing this agenda forward, and why? It certainly is not
the citizens of British Columbia. I think I can offer a response for
that question. As I see it, and many of my colleagues will agree, the
only reason that this flawed referendum is being pushed through in such
a rushed fashion is because there is an agreement between the Greens and
the NDP that was made in June of 2017.
It was an agreement that was made after the election where the
Greens would agree to support the NDP if the Greens could secure
agreement to bring forward a referendum vote and further agreement that
the NDP would support proportional representation. It’s quite clear that
the rush is simply because the Green Party has one, single issue that
they want to bring forward, and it is proportional
representation.
The timing of this referendum vote was clearly intentional. Why
not call for a referendum when voters would be distracted by another
important election? This way, they would not have enough time to see
what is really going on here, ensuring that most voters would be rushed
to make a decision or, worse yet, that voters would not participate in
the process.
The Premier has avoided answering questions from British
Columbians. He waited until the last moment to engage in a leaders
debate, and unfortunately, many of the questions that the voters had
were not answered during the debate, so many questions remain
unanswered. The biggest question that the province has pertains to the
timing of this referendum. Instead of answers to this question, or any
of them, we have a flawed process.
We also have a complex ballot, with three proportional
representation choices. Two have never been tried anywhere in the world.
Voters are being asked to vote on something so complicated that the
Minister of Advanced Education, Skills and Training admitted that she
was not an expert on proportional representation and could not explain
how it will work.
[3:00 p.m.]
We have already seen evidence that many voters will be excluded
from participating. Ballots are being thrown into the junk mail box in
condo units, easily accessible to others. Ballots are being mailed to
incorrect addresses and may not be forwarded back to Elections B.C. in
time to be re-sent to the proper address. And we have seen ballots that
have been addressed to persons that are deceased.
A referendum should be taken as seriously as an electoral vote.
Anything less diminishes the confidence that we should have in the
process.
With so many important issues for government to address and work
on — such as jobs, affordability, supporting B.C. businesses, cannabis,
seniors issues and growing our economy — the motivation for the timing,
the reason why the Greens and the NDP are calling for electoral change,
is clear. It is simply because there was a conditional agreement between
two parties, and not the public, to hold a referendum on proportional
representation.
I support the amendment because there are other questions that
remain unanswered, and voters have not been provided the opportunity to
adequately educate themselves on this fundamental shift to our electoral
process — the process as to how the referendum changed from a simple
yes-or-no vote that the Premier promised in 2016 to a more complex
question, which the Premier promised would not be the case. This raises
concerns because it’s no longer a simple yes-or-no vote. This broken
promise made by the Premier to keep voting simple is further complicated
with the addition of three proposed proportional representation
systems.
Voters will need to consider each option individually, and that
makes the entire exercise much more complex. Further, the public has not
received adequate information on what each choice would look like if it
was enacted. These are questions that need to be answered before the
public is asked to make a decision on them.
British Columbians deserve consultation on this process because
the outcome of the referendum will impact how their votes will be
counted in the future. It will impact their futures directly.
This province belongs to British Columbians, not to a select few
political parties. This referendum should occur in the manner that is
fair to citizens. They should be able to provide input on what kind of
improvement should be made. How can we go forward with this referendum
when there has been no independent citizens’ assembly or when
independent consultation with British Columbians has been absent? What
we have here is a flawed process, and it will surely result in minimal
participation from citizens.
The Attorney General is calling all the shots here, deciding what
the questions will be and which models of proportional representation
would be on the ballot. There have been no substantial answers as to why
there was a change in the consultation process or why the Attorney
General — who has publicly stated that he supports proportional
representation, claiming he is unbiased in the process — decided that
the public should not be afforded an opportunity to comment on proposed
changes or have any input whatsoever as to what model could be
considered.
There are no substantial answers as to how the three options were
chosen. Two of the three options have never been tried anywhere in the
world before, and one of those two options was created by a university
student.
My colleague the member for Surrey–White Rock, who holds an
economics and business degree and has worked at the highest levels in
the financial industry, along with my colleague from West
Vancouver–Capilano, who was the chief economist for the Royal Bank and a
Harvard professor, say they could not understand the mathematical
formula being used to determine exactly what method would be used to
allocate seats. Well, if these folks are challenged with understanding
the mathematical methodology used, how can we expect voters to
understand?
[3:05 p.m.]
In response to a question directed to the Premier a few weeks ago,
he clearly did not understand that a ranked ballot is a voting system
and is distinctly different from proportional representation. If the
Premier is confused between a ranked ballot vote and how it differs from
proportional representation, again, how can we expect voters to
understand what is being presented to them?
When the public has raised concerns and when legitimate questions
are being put forward for clarification and more comprehensive
explanations, there have been no answers. In response to these important
questions being raised by the public, the Premier said that British
Columbians should just trust him and take a leap of faith. The details
will be shared after the votes have been cast.
I think most voters feel that taking a leap of faith is not the
responsible thing to do. Voters should be given adequate time to
comprehend each possible referendum outcome. They deserve the time to
understand what a new voting system means, and they need time to fully
understand how each of these proposed options will impact them
directly.
There’s another reason that I support the amendment. In the last
referendums, there was a minimum threshold that had to be met in order
to make the referendum binding. The minimum level needed for voter
approval was set at 60 percent, with a simple majority of 48 of the 79
electoral districts. In this case, referendum 2018, we’ve seen
significant changes to the minimum threshold limits. In fact, the
minimum threshold has been dropped to an alarming 50 percent plus one,
with no regional thresholds whatsoever in place.
This means the population of Vancouver alone could change the way
the entire province elects local representatives, how we govern in the
province and how we hold governments accountable. How could this process
be considered a fair vote for those who live in Quesnel or Salmon Arm or
Vancouver Island? How will their voices be heard?
Everyone understands the importance of a minimum threshold. Even
the policies of the NDP require a two-thirds majority to make a
significant change. Why, then, is something as important as our
democracy and how we elect our representatives and hold governments
accountable allowed to be binding when there have not been sufficient
voters to meet a minimum threshold?
Another important detail being left out is what the electoral
boundaries will look like. All we know is that proportional
representation will reduce the number of ridings. The four Tri-Cities
ridings, for example, will likely be reduced to just one riding.
Constituents in my riding are very concerned about what this means to
them.
The rest of the province will experience enormous changes to their
riding boundaries as well. Yet there is no clear indication or
confirmation of where those boundary lines may change and, once those
boundaries are in place, how representation in each region will be
compromised.
Without proper maps that show clear boundaries, how would the
public know and understand what region they will be voting for? Maps
showing the adjusted boundaries should be provided to voters before the
referendum vote, not after. If Elections B.C. needs time to provide the
maps, the time should be allotted. This is just another example of why I
support the amendment. Voters should not be casting votes in a
vacuum.
Voters are worried about whether or not they actually understand
the terms of this referendum. They are not sure who will actually
represent them in their local riding. Will it be the MLA that they voted
for? Or will it be a representative that has been appointed from a party
list? Will voters be able to choose the option of voting from a closed
list or an open list?
Most people are completely unaware of how their representatives
may be elected or appointed in their riding under proportional
representation. An appointed representative may not even live in your
riding, and access to your MLA will be through a bureaucratic channel.
Bureaucratic channels are not accountable to the people.
[3:10 p.m.]
I was at a recent meeting where someone said that if you are an
NDP and have an issue, you cannot go to a Liberal MLA for help. This is
not the case. Once elected, MLAs work for and respond to all issues that
are brought forward by constituents. MLAs work on behalf of everyone in
their constituencies. We need to pause and take the time to explain to
voters what is really at stake here and how the benefit of local and
accountable representation is at risk. There has simply not been enough
time for people to understand the magnitude of change that could take
place.
One of the biggest concerns is the question relating to the costs
and ineffectiveness of government when single-issue parties or fringe
groups end up with a disproportionate balance of power and end up having
control over public policies, even when those policies may not represent
the values and the principles of the majority. Parties with only 5
percent of the votes can promote their single-issue agenda over and
above the wishes of the majority, effectively stalling other important
issues, such as job creation and supporting B.C. businesses that
contribute to our economy and provide services to support our
communities.
Where is the information for those citizens who are trying to make
an informed decision? Well, so far the information being provided lacks
clarity, to say the least. The information being provided is intended to
diminish valid concerns that the public has raised, concerns that voters
have asked for in multiple questions. Instead of answers, they are being
issued smirks, sneers and vague comments that don’t provide any actual
information.
The fact that there are still so many questions is a clear
indication that there has not been enough time for voters to understand
the issues. It is no longer a simple vote, which we currently have under
the first-past-the-post system. It is a much more complex vote with
multiple options and multiple attendant consequences. We keep hearing
that there is just no need to worry: there are already 90 countries that
have proportional representation. The Greens, the NDP and the “yes”
groups expect that voters will accept that statement, that that alone
should be good enough and that you don’t need anything.
Well, if the voters want to accept that there are 90 countries
that are already under proportional representation, they have to
understand that sometimes there are unintended consequences that come
with it. We only need to look at New Zealand, a country similar to
Canada — it’s certainly worth repeating — where the leader of the New
Zealand First party did not get elected in his own constituency because
of his extreme views, including anti-immigration views. In fact, his
constituents threw him out. He didn’t get elected, yet under
proportional representation, the party reappointed him and brought him
back. He’s now the Deputy Prime Minister, and he was even the Prime
Minister for a time.
That’s probably what voters did not have in mind, yet the
government and the public are left with unintended consequences. They
have to deal with extreme issues, single issues and an appointed
representative that cannot be removed. This is one example of the 90
countries that are under proportional representation.
Sweden is most interesting. In the recent election, 43 percent
voted for a right government, 43 percent voted for a left government,
and the remaining minority belongs to the Swedish Democrats. The Swedish
Democrats are a very far-right group, which started off many years ago
with a very small percentage of voters. Over time, their representation
has grown to a substantial 17 percent. If you do accept proportional
representation, you must accept the unintended consequences that are the
reality in other countries.
[3:15 p.m.]
We’ve seen Belgium taking 589 days to form government. We’ve seen
Iceland with the Pirate Party. We’ve seen Italy, and 70 government
changes in only 65 years.
These are attendant consequences. We already know about these
attendant consequences. And as the yes side tries to play down the
negatives and the unintended consequences, they believe that they will
get your vote because the NDP said: “If it doesn’t work out, we’ll just
change it back in two terms.”
I don’t think that’s okay. We should not be figuring out anything
after the referendum. Voters should know exactly what is at stake before
ballots are counted, before they cast their ballot. Revisiting this
issue two election cycles down the road, or eight or so years after the
referendum, is not a good decision.
People have valid concerns and valid questions. They should be
afforded the appropriate time to educate themselves in order to make
informed decisions. The member for Prince George–Valemount made a very
good point in her comments related to the public concerns. She
summarized the public’s asking of legitimate questions: “That’s not
fearmongering; that’s fact-finding.”
I don’t understand why the government is so determined to
characterize any questions about this referendum process as
fearmongering. Every citizen deserves the information to educate
themselves as to what is before them, what the unintended consequences
are, what the proposed systems are, what they are voting for. The public
has every right to know and understand the fundamentals of proportional
representation so that they can arrive at the understanding of what it
means to them locally and around the province.
These questions still need to be answered. Because of the flawed
process and deliberate intentions to stack the deck in favour of the
outcome the NDP and Greens want, voters are being asked to make
decisions that have serious implications even though they do not have,
fully, the information that they need.
A few weeks ago someone shared with me that, while he was having
dinner with some friends, the topic of proportional representation came
up. He told me that his friends were well educated and that they were
supporting proportional representation. When he asked them why, they
confessed that they had seen a video that had talked about how great
proportional representation would be and how everyone’s vote would
count.
When my friend talked with them a little bit further, it became
very clear that they were unaware of how the process came about. They
were unaware that the number of MLAs would change. They didn’t know
there might be a change in the boundary maps, and they certainly didn’t
know that there could be a significant boundary change in certain areas
across the province and that British Columbians living in the same
province may actually be under two different voting systems. They were
certainly unaware that MLAs could be appointed from a party list and
that the appointed person may not even live in their riding. Of course,
once they learned of these details and how local representation was
compromised, their opinion changed.
Many people like to focus on the positive outcomes. It’s much
easier to focus on the positive than think about negative outcomes or
unintended consequences that can come from any decision.
It reminds me of my time working in the financial planning
industry. I’d be talking to clients about their investments and the
likelihood of projected returns and outcomes. This is at a time when it
wasn’t uncommon to realize returns of 10 and 12 and even 15
percent.
Although I would point out the downside — the possibility of
unintended consequences — and that, under certain extreme circumstances,
they could even lose their investment, people would still focus on the
positive — the positive that, possibly, they could get a sizeable
return. It is just much easier to see the positive outcomes of a
scenario than it is to focus on a negative outcome or plan for the worst
scenario.
I’d like to hear some concrete answers. Because unlike a financial
prospectus or disclosure statement, which have explanations in the small
print, this referendum has no small print. A fair vote sounds positive,
but when we get into the small print, when the details are exposed, it’s
not a fair vote at all.
[3:20 p.m.]
Every vote does count. What is being presented and supported by
the Greens and NDP is all about retaining power. It has nothing to do
with better government, better representation, or even being more
effective in government.
People have been getting their ballots in the mail. They’re still
asking us how to vote. They’re still calling us with the same questions
they got when the ballot first arrived. They’re still
confused.
“How many MLAs will I actually have in my riding? What will the
size of my riding be? What constitutes a rural riding or an urban
riding? Do I know where my riding boundaries will be? How will they
change after the vote? Will I be voting for a closed list or an open
list, and how will I know? And what will be the options for what votes
will be used?”
The biggest concern, of course, is: “Why should I trust government
to figure it all out after the referendum? Don’t I have a say in this
now?”
Many of these systems around the world do have voters directly
voting for their representatives. The government included some of these
systems in their feedback questionnaire that they supposedly used to
inform the referendum. Yet, in the end, they discarded the systems that
allow voters to choose their representatives and put in options that do
not.
Two of the systems on the ballot are, as the Attorney General
reports, not currently in use. Are we really asking British Columbians
to vote on something that is currently not in use?
T. Shypitka: Thank you to my colleague from Coquitlam–Burke
Mountain.
It’s an absolute pleasure to speak for the southeast corner of the
province, the only gateway to and from Alberta and the United States and
the home of the fun-loving and hard-working people of Kootenay East and
the shared land of the Ktunaxa First Nation.
Before I speak, I want to just give a quick shout-out to my cousin
Jamie Shypitka. Apparently, he’s got the flu today, and I think I got a
little bit of it too. I think it’s going around. I don’t know. We take
those flu shots when we do, but it certainly didn’t help for me right
now. I’m not feeling so hot, but we’ll plug away here.
It gives me great pleasure to take my place in the debate today
and speak to the amendment of Bill 40, the Electoral Reform Referendum
2018 Amendment Act, motioned by my colleague from Skeena. I’ll try to
read it here.
The amendment says:
“‘That this House declines to give second reading to the Electoral
Reform Referendum 2018 Amendment Act, 2018 because the intent of the
Bill to hold a subsequent referendum on whether to revert to the current
first past the post voting system from a proportional representation
voting system, if adopted, is meaningless when the government has failed
to correct multiple deficiencies in the current electoral reform
referendum legislation, including not seeking a clear majority approval
from the electorate on a clear question, not providing for sufficient
and meaningful public engagement, and using a confusing and complex
referendum ballot.’”
I couldn’t agree more.
This has been a long, ongoing debate in the House. I’ve spoken
personally to this bill three times, three amendments. Every time we
come to speak, we bring different bits and pieces of information that
are new and revealing. Some of it is the same messaging going back and
forth, but overall we’re learning that this referendum just didn’t start
as a botched referendum; it’s continuing and evolving as a botched
referendum. So the amendment is valid, and I strongly support
it.
It’s how we got here. I was watching TSN last night, and I was
watching the misplays of the day, as we all kind of do sometimes. As I
was watching all the different misplays, I was thinking about this bill.
I was thinking about this amendment that’s before us right now and the
fact that this is a series of misplays, with this referendum, that’s
drawing really big concern on the validity of this referendum as a
whole. I’d like to analogize it that way, as just being a series of
misplays.
The first thing is the fundamental question to why we were having
referendum at this specific time. The reason is quite clear.
[3:25 p.m.]
I went through and printed off a copy of the 2017 confidence and
supply agreement between the B.C. Green caucus and the B.C. New Democrat
caucus. Essentially, this ten-page document has four chapters in it, and
it addresses different ways and different themes and different
relationships. The two parties, how the two parties are going to come
together and form government. I’ll speak to that in a bit, but I guess
that the first thing is that when you go and look at these four
chapters, you think of all of the things that these two parties could
come together on and decide. There are a lot of things that come to my
mind that they could get together on.
Jobs would be one of them. Climate and sustainable economies. Fair
wages. Workplace safety. Improving infrastructure. Maybe it could be
about fixing the services that people count on, like health care and
senior care or assisted living.
The number one thing that they addressed in this confidence and
supply agreement was none of those things. It wasn’t even about K-to-12
education. It wasn’t about making life more affordable. The number one
condition and the number one
chapter in this confidence and supply
agreement is on proportional representation and how important…. Putting
forward a referendum on proportional representation is the number one
deal in their agreement.
I found that really amazing because, I mean, I think there are a
lot of things in this confidence and supply agreement I could wrap
myself around. Lots of good stuff in here. Jobs and affordability and
education, health care, senior care. Those are good things. But the
number one thing is about putting a referendum together for the fall of
2018 on proportional representation. The time is actually spelled out.
It has to be the fall of 2018. That is the first misplay of the day, in
my opinion, on this referendum.
[L. Reid in the chair.]
Those are 1 and 2. The third piece of bad form on this referendum
is the blatant disregard the government and Green Party have for their
own confidence and supply agreement. What I mean by that…. Even in this
document here, subsection 3(1)(b)(ii) states: “The parties agree that
they will work together in good faith.” And: “The parties agree to both
campaign actively in support of the agreed-upon form of proportional
representation.”
It says in the agreement that they are going to rally behind an
agreed-upon form of proportional representation — not three forms of
proportional representation, the “form” of proportional representation.
The government can’t even abide by their own agreements, as we don’t
have a single form but three forms on this referendum. More about those
forms of proportional representation later.
The next three flaws or the next three misplays I’ve seen in this
referendum kind of go together. Numbers 4, 5 and 6 in my misplays here
are what the Premier promised before the referendum was even to
start.
The first promise from the Premier was to have a fair,
non-partisan, independent committee to decide the rules and form of
proportional representation. That did not happen. We did not have, like
we had in 2005 and 2009, a citizens’ assembly — a very unbiased group, a
collection of 160 citizens from across the province, coming together,
learning about different forms of proportional representation and what
form would best suit British Columbians in the unique geographic,
cultural, social diversities of this province.
That was done for the first two. The Premier said that he would do
that again. He was going to put that unbiased committee to work, and
they were going to come out with one well-thought-out form of
proportional representation. But that didn’t happen. That was a false
promise.
The second promise was to have a simple yes-or-no ballot on
whether to move to a specific form of proportional representation,
complete with maps and all details available for the public to view. Now
we all know, through these debates, that did not happen. Now the public
knows it as well. They’re asking questions all the time.
[3:30 p.m.]
I get constituents in my office all the time, and emails, text
messages: “What am I supposed to do? What are these forms of
proportional representation? How many MLAs will there be? Are they
coming off closed party lists or open party lists? How big are the
areas?”
Valid questions. I mean, if I’m buying a car, I want to look under
the hood. We’re not allowed to look under the hood. This is just not
clear, and that was the second promise that was broken.
The third was to recognize the importance of having regional
thresholds so that at least half of the ridings would need to support a
change in our electoral system in order for it to happen. That didn’t
happen as well. I asked that question all the time — to members
opposite, to people that support proportional representation.
I have no problem with somebody supporting something that they
believe in, that they understand, and something that’s going to make us
better. I’m all for that. Why wouldn’t I? I’ve got aging parents. I’ve
got young children. I’ve got friends, if you can believe it. I’ve got
skin in the game. I want us to be the best British Columbia we can be.
But because there are no thresholds….
We’re so geographically diverse in this province. We’ve said it
many times. We’ve got oceans and mountains and deserts and rainforests —
everything. Cultural diversities as well. Social diversities. It has to
be represented in the way that we vote. To eliminate geographical
thresholds…. Saying that we need at least half the ridings in the
province to go along with something like this — I don’t think that’s too
hard to ask. I think that’s democracy at its finest.
To strip those thresholds away and say, “No, we’re just going to
let it be just a general vote. And the 60 percent thing before? No,
we’re going to reduce it to the most minimal support of 50 percent plus
one,” really spits in the face of democracy. We need our regions
represented, and we need to have a voice regionally. We cannot be
controlled by a populist approach or an area of the province that has a
larger geographic or larger voter base.
What makes us strong, what makes us unique, is how diverse we are.
If that’s not represented, we’re failing British Columbians. That was
misplay 4, 5 and 6. Actually, I threw 7 and 8 in there — the low
threshold of 50 percent plus one and no minimal voter turnout. That
would be screwup No. 8.
No minimum voter turnout. That blows my mind, and I think it does
a lot of other people as well. We saw Prince Edward Island have a
similar vote. I think they only got 37 percent of the vote out, and the
Premier made a rightful decision and said that didn’t reflect the
majority of Prince Edward Islanders. So they dismissed the referendum,
based on that. I think that’s valid.
We’ve got right now…. As of yesterday, I think, about 32 percent
of the electorate has weighed in, and I think that’s fine.
[The bells were rung.]
Deputy Speaker: Member, just wait. Please continue.
T. Shypitka: With no minimal voter turnout…. Right now we’re at about 32
percent, and I think, for the most part, the voting is more or less
done. We have an extension to get those ballots in, but you can’t get
any more. I think everybody has voted, for the most part. So we might
get to 35, 36 or 37 percent, which is a lot better than I thought we
were going to do at the beginning.
But because we’ve got three options and 37 percent turnout…. Say
it’s split down the middle, 50 percent, on whether we have PR or
first-past-the-post and, say, PR gets in by 51 or 52 percent. Then there
are three options relating to PR. That splits it another three ways.
Essentially — doing some quick math here — 5 percent.
Is that right, Member for Surrey–White Rock? She’s the brains on
the numbers over here.
If we have, say, 36 percent voter turnout. Half of them is 18
percent. A third of that is six. We essentially have 6 percent of the
electorate voting for one form of PR, and that is what we are going to
have.
[3:35 p.m.]
Now, 6 percent doesn’t seem like a very strong number, in my
opinion, on moving something as important as our electoral reform and
how we elect representatives into this great place that we call the
Legislature.
The mail-in ballot. Let’s talk about that misplay for a second.
This is one of the greatest mishaps in this referendum. We’re living in
the year 2018, and we have the greatest access to technology and speedy
processing of election results. In my time running for city council, we
had electronic balloting. It was efficient. It was fast. It did a
wonderful job. We had the results within seconds. There was no real need
for a recount because everything was done electronically and everything
was placed properly.
This time we’ve got something really crazy with this mail-in
ballot. It’s messy. It’s confusing. Some people don’t have access to….
In rural B.C., it’s a long way to mailboxes. We’re seeing now that…. I
know in my riding, I’ve got constituents that have three or four ballots
in their mailbox that don’t belong to them or any person in their
family. They’re former or previous tenants that used to live
there.
I’ve got one constituent at least that has two ballots in his
name, and then, of course, I’ve got several or lots of constituents that
have no ballots and they’re looking for them. They’re running down to
Service B.C., or they’re trying to phone Elections B.C. to get another
one mailed to them. Then we hear the stories of these big piles of
envelopes and ballots that are sitting in dumpsters and recycle bins and
all over the place.
Those are important documents that are going to decide on how we
elect members to this place. So of course your mind can run wild, and
I’ve had lots of constituents…. We’ve heard it here on fraud — the
chances that fraud could happen. That’s a real thing.
I mean, when I filled out my ballot, I filled it out, put it in
the secrecy envelope. You have to provide your birthdate and your
signature, and then you put it inside the larger envelope that you mail
— it’s a prepaid stamp — to Elections B.C.
click on Facebook. I mean, how many people get clicks on people’s
birthdays every day? “Oh, John Smith’s birthday is today. Wish him a
happy birthday.” You know his birthday. You can go to his profile. You
can see exactly when he was born if he chooses to put it on
there.
Now, disturbingly enough, we’re hearing from Elections B.C. that
they’re not going to be able to verify the signatures on the ballots.
That was half of the secrecy envelope — the signature. We know how
easily accessible the birthdate is, and now we’re losing the most
important part of the secrecy ballot, which is the signature.
There are going to be some serious questions on how valid this
referendum’s going to be, based on the mail-in ballot alone. And I’m
just warming up to the greatest hits here on the other stuff. We’re at
misplay No. 9, I think, right now on the mail-in ballot.
The mail-in ballot — that was the other thing. At first it was to
save money. I think I heard that somewhere. They were going to save
money with this mail-in ballot, and it was going to cost somewhere
around $7 million to put through. Now we’re hearing it’s going to be
around $15 million. Okay.
We just had a municipal election with electronic balloting. Why
couldn’t it have just been placed, the referendum, on the municipal
election? It would have been a little hurried perhaps, but it certainly
would provide a lot more clarity than what we’re getting with a mail-in
ballot.
Interjection.
T. Shypitka: I can’t really hear the member on the other side….
Interjection.
T. Shypitka: Yeah, well, we’ll see. The member on the other side says we’re
going to have a higher turnout for this referendum than they did for the
municipal elections. Perhaps.
[3:40 p.m.]
How many of those will be spoiled? How many of those will be
questionable? How many will be fraudulent? Those are the things that
we’ll be asking. So sure, okay. We’re going to have more of a turnout,
but what is the quality of the turnout? That’s what I’m
asking.
I’m glad to see some life on the other side, some questions being
asked on the other side, because we’ve had this debate for quite some
time. Something as important as this, and we have yet to see a member on
the other side speak passionately about it. I’ll come to that a little
bit later. How passionate actually are they with this referendum? Are
they on board, or are they just kind of going along with this little
piece here — the confidence and supply agreement?
Interjection.
T. Shypitka: They have to, right? It’s signed — signed and sealed and
delivered.
The mail-in ballot. That’s bungle No. 9 in my greatest hits here,
but the hits keep coming. We’re not done yet.
The promise from the Premier. I just saw the Premier. The
Premier’s here. We talked about the three promises that were broken. I
think he’s well aware of that. The other one was the promise that after
two election cycles, we’re going to be able to do a redo here, if
everybody’s not happy. We’re going to do a redo. We’re just going to
vote to see if we want first-past-the-post back again.
I’ve got people in my constituency that like the idea of PR. I
don’t blame them for that. I don’t blame them for liking or, like I said
before, having a better way of doing something. I have no problem with
that. But they’re hinging that whole decision on taking this leap into
the dark — or leap of faith, or whatever you want to call it — on these
three proposed systems, two of which have never been tried anywhere in
the world before, and the third has been rejected by a citizens’
assembly two times. They’re willing to take that chance, that leap into
the dark, because of this provision that says: “Don’t worry. Be happy.
If all goes south, then you’ll be able to go back to where you were
before.”
That’s a big promise, but that promise can’t be made. It’s
impossible to guarantee that after two election cycles, we will have a
redo.
Why do I say that? If we go to a system of PR, we will undoubtedly
have minority governments. I don’t think anybody can question that. Any
form of PR in the world is always based around minority governments.
Once we get five, six, seven, eight, nine, ten different parties inside
the Legislature here, they would essentially have to get together to
form a majority, and then in order to pass a bill to bring about a
referendum, they essentially would have to be voting against themselves.
Because if we went back to first-past-the-post again, guess what:
they’re all gone. Their guarantee for life, their job for life, is gone,
because now they have to go back to the old system.
There’s just no way the Premier can guarantee that after two
election cycles…. It’s a false promise. It gives me bungle No. 9. Sorry,
that’s No. 10. We’re already into the double digits here.
What’s really crazy about this is it’s actually in the Elections
B.C. manual, this promise, and we’re still debating it. We’re still here
in the Legislature, and it’s already in black and white for people to
read and to be further confused. There’s no real strong winner in any of
these misplays of the day, but that one’s got to be up in the top three
or four, anyways.
That’s No. 10. Number 10 is a current government cannot dictate to
future governments what they must vote for. You can’t do that. You can’t
legislate that. I’m sure the current government would probably have all
kinds of ideas to put into future governments if that was true, but
that’s just not the way it works.
Another goof-up with this referendum would be the Premier meddling
and changing the characteristics of different forms of PR in the middle
of the referendum. I used the words “goof-up” and “Premier” in the same
sentence. I hope no one’s offended by that.
Interjections.
T. Shypitka: Oh, he didn’t mean to meddle. The Premier didn’t mean to meddle,
but meddle he did. It was innocent meddling. Let’s call it innocent
meddling by the Premier.
[3:45 p.m.]
He wanted to change the opinion of the characteristics of the
forms of proportional representation, saying he was opposed closed party
lists. Now, fair enough. Fair enough. The other party members don’t like
closed party lists either — as the Premier gives me the thumbs up. But
to say that in the middle of the referendum, when people have already
made their votes one way or the other….
I’ll voice concern for the people that voted for
first-past-the-post because they were opposed to closed party lists.
They voted for first-past-the post, and then the Premier says: “No,
we’re not going to do closed party lists.” They said: “I just voted for
PR” or “I just voted for first-past-the-post because I thought there
were going to be closed party lists.”
You can’t meddle during the referendum, even if it is innocent, as
the Premier has stated. It’s just constitutionally wrong. I just don’t
know how you can do that in the middle of a referendum. That’s screwup
No. 11 in these misplays here.
The three options that are offered in this referendum have been
noted earlier as being two options more than what the Premier promised —
if you can remember back to the early part of the speech. As I said, the
Premier promised only one form of PR: a simple yes or no on one form.
Well, we’ve got three now.
However, on top of that, the fact is that two of the three options
of PR have never been offered anywhere in the world before. Just think
of that for a second. Two of the three forms of PR that are offered up
to residents of British Columbia have never been tried anywhere in the
world before. They’re theories, essentially, and that’s something that
the government thinks is a responsible thing to put forward as a
responsible option for British Columbians to vote on.
This is, I think, where the leap of faith and the leap into the
dark came from. Surely it can’t be anything more than that, because it’s
not an educated decision. That’s for sure, because we’ve got nothing to
refer to. So that gets blunder No. 12.
For example, dual-member proportional and rural-urban proportional
are virgin systems. They’ve never been used anywhere in the world. B.C.
would be the guinea pig for either one of these two systems, if that was
the chosen choice.
This once again speaks to the amendment that I’m supporting here
today. It’s just a series of errors, a series of comedies. We cannot
allow this to go back to second reading. We decline on that, and that’s
why I support this amendment. They’re confusing. They’re unfounded.
There is very little detail for anyone to make an informed decision, and
most people are prepared to take, like I said, a leap into the
dark.
Some people that I know want change just for the sake of change.
Now, I don’t know why that is sometimes. But I think that’s a common
thing for maybe…. I don’t want to categorize anybody, but sometimes
younger people may think it’s just cool to change. I’ve even heard that
some older generation people might say: “Yeah, let’s go for it. Let’s
just do it. What’s the worst that could happen? What could possibly go
wrong?”
I just find that is an irresponsible take. I think it’s not too
hard to ask, to get educated, learn the systems with something this
important. We’re not talking about the New Coke or a different type of
shampoo or something like that. This is something very significant. It’s
the way our province will, essentially, operate.
Going down to flounder No. 13 here, now, it would definitely be
the lack of public consultation this referendum was based on.
Consultation to reflect a simple yes-or-no question was not introduced,
and this is a big concern for many people in the province.
The hits keep coming here. Now we’re on to No. 14. I categorized
as misplay No. 14 the silly catchphrases that the proportional
representation side branded to British Columbians. That, I thought, was
really kind of misrepresentative in this whole referendum. You hear it
all the time — catchphrases such as “Every vote counts,” “Forty percent
of the vote gets 100 percent of the power.”
[3:50 p.m.]
Let’s look at “Every vote counts” for a second. First, under PR,
there are thresholds that you need to legitimize or vilify your party’s
existence if they are to sit in this House. In this referendum, it’s a 5
percent threshold. So any party that gets more than 5 percent, 5 percent
plus one, will justify their position here in the
Legislature.
Right now in B.C. we’ve got 26 registered parties — 26 or 27,
something like that. I would suggest that there’ll be a lot more
registered parties if PR comes into play. As a matter of fact, I can
almost guarantee that there will be more parties.
We’ve heard of some of them here. I’ve got a list of them here
somewhere. Maybe I’ll get to that in a second. Let’s look at some of
them. For example, the Vancouver Island Party. It’s registered but not
active. They are an actual registered party that wants to separate from
British Columbia. It’s a legitimate party with real concerns.
Now this year we’ve got another registered party called the Rural
B.C. Party. That’s a party that wants to separate. They want to have
their own little kingdom, because they just, as this referendum is
suggesting, don’t get their say. They’re going to let the populous
decide for them. They’re going to have no representation on their
geographical uniqueness in the province. So they feel like they’re left
out.
Interjection.
T. Shypitka: The warning light is on. The time has blown by here quite
fast.
In a nutshell, I had about 18 different misplays of the day with
this referendum, and that’s what’s speaking to this amendment that’s in
front of us right now. It’s just too many questions, too many concerns.
It just doesn’t make sense.
I’m going to put a different spin on it, if I can, at the end. I’m
going to say that this isn’t botched at all. I’m going to say that this
is masterfully designed. The other side knows the uncertainty. They know
about what PR brings, so I think it’s actually a masterful
design.
We have the Attorney General here. I think he’s actually
brilliantly designed this to fail. I think he’s taken the confidence and
supply agreement, as a condition of the power that the two parties need,
and he’s used this botched system to make the deal with the Greens and
still come out good in the end.
T. Wat: Thank you to the member for Kootenay East for having such an
eloquent speech. He is lucky that during the Premier’s brief appearance
in this people’s House, he listened to him. I hope it’s not too late for
the Premier to do the right thing.
It is indeed my honour to stand in the people’s House on behalf of
my constituents in Richmond North Centre to speak in support of the
motion for second reading of Bill 40, the Electoral Reform Referendum
2018 Amendment Act, to be amended by deleting the text of the motion in
its entirety.
Elections B.C. has extended the return for the referendum to
December 7 because of the postal strike. Elections B.C. has released the
latest update that about 30 percent of the ballots have returned. So
with less than two weeks to go for the ballots to be returned to
Elections B.C., the general feeling is that the voter turnout will be
about 40 percent. The media do not expect the voter turnout to jump into
the 50 percent range.
I really do not see any point for us to spend time debating on
Bill 40, Electoral Reform Referendum 2018 Amendment Act, as tabled in
this House. The intent of Bill 40 is to hold a subsequent referendum on
whether to revert to the current first-past-the-post voting system from
a proportional representation voting system.
As the amendment tabled by my colleague from Skeena said, Bill 40,
if adopted, “is meaningless when the government has failed to correct
the multiple deficiencies in the current electoral reform referendum
legislation.” One of the deficiencies is not seeking a clear majority
approval from the electorate on a clear question.
As members on this side of the House pointed out many times in our
debate, in British Columbia’s two previous referenda on proportional
representation, the B.C. Liberal government took steps to achieve a
clear mandate. We required a clear majority of eligible voters, in a
majority of ridings, to vote in favour of any change.
[3:55 p.m.]
Now the previous 60 percent threshold has been replaced with a
50-percent-plus-one threshold, the lowest the bar can be set. To vote
for a new system that would change the fundamentals of our democracy and
to vote for a new system to replace the current system that has been in
use for over 100 years, shouldn’t the threshold be set higher? Even a
strata council requires two-thirds of the landlords or residents to pass
a change in the rules or regulations. How come the threshold for
electoral reform is much, much lower than that?
I argue that the design of this referendum is obviously
self-serving for the NDP and Green partnership. A government formed
under proportional representation will be based on a backroom deal only
after British Columbians have cast their vote. The deal bears only one
goal in mind. That is to establish a partnership of power. Under such
partnership, there will be promises of cabinet roles, but there will not
be principles of governing. Instead of working on solutions to your
problems, proportional representation means that MLAs have to worry
first about what is best for their party and the parties they have
formed a coalition with.
Coalition governments just don’t exist very long — certainly not
for four years, as we are used to here. This instability is reflected in
the length of government mandates. MLAs are forced to be shortsighted.
In order to form a government, parties are forced to make deals with
each other, and this is the norm. In cases around the world, this has
led to enormous power being given to fringe parties and extremist
parties. It’s not hard to find examples of coalition governments where
religious, populist or even racist parties hold sway.
The system doesn’t reward consensus or compromises, and there’s
none of the give-and-take that happens behind the scenes in a large
party like the B.C. Liberals or the B.C. NDP. Fringe parties, fringe
groups, are empowered and encouraged not to compromise. They are instead
incentivized to dig in. What you get are hard-line parties setting the
agenda. The system lends itself to chaos and confusion.
In New Zealand, the anti-immigration New Zealand First party
failed to win even a single seat in parliament. Today they are a major
force in New Zealand politics. New Zealand is particularly applicable to
B.C., as they share our colonial heritage, Westminster model of
parliament and long-standing democratic rule. It is especially pertinent
as New Zealand moved to proportional representation in 1996, following a
before-and-after analysis.
Peter Loewen is a professor of political science at the University
of Toronto and the former director of the now-merged School of Public
Policy and Governance. I would like to talk about Loewen’s study of the
New Zealand electoral system as it relates to Canada. He looked at the
last seven elections there under the same electoral system as Canada and
British Columbia — that is, the first-past-the-post system — and the
first seven elections after the transition to proportional
representation.
Loewen identified an increase in the number of political parties
winning seats under the PR