By Greg Kyllo
MLA for Shuswap
As the fall Legislative session draws to a close, I want to bring to your attention an unsettling erosion of democracy that all British Columbians should be worried about.
One of the fundamental principles of our representative democracy is accountability. Citizens elect people to make decisions on their behalf and help them navigate government programs. As your MLA, it’s my job to represent and assist everyone in the riding of Shuswap- whether they voted for me or not.
Just as citizens have the right to elect whomever they wish, they should also have the right to recall that individual if they’re not living up to the promises they’ve made, or if they’ve done something wrong that deeply tarnishes their character and reputation.
Unfortunately, the very tools needed to recall an MLA in B.C. are being limited by the current government. Attorney General David Eby- himself the target of recall efforts- has received enough support from his fellow government members and the Green Party to pass a bill that certainly seems suspect in its timing.
Bill 53, the Recall and Initiative Amendment Act, cuts six months off the window for recall. MLAs are now only eligible for recall for half of their term, and can only be subject to one recall petition. So once the Chief Electoral Officer approves one application, no other recall campaign can occur against that MLA.
That opens the door for a ‘false flag’ recall campaign. If an MLA’s supporter comes along and launches a half-hearted recall attempt that fizzles out and goes nowhere, then someone else who genuinely disapproves of the MLA’s work and wants to launch their own petition simply won’t be able to do so. It’s a major flaw in the legislation.
Bill 53 also applies the same spending and advertising rules that were introduced to the Election Act for general elections, making it very hard for people to raise sufficient funds for these recall campaigns. We see a cap on advertising of $5,000, which is lower than that of by-elections.
The bill also notes ‘in-kind’ volunteer contributions will not be considered ‘contributions.’ This type of loophole will allow unions or other organizations to provide staff to recall campaigns. This issue caused a lot of controversy during the recent Vancouver municipal election. Despite that fact, the government has made it a key feature of this recall legislation.
The bill also adds numerous new reporting requirements, so there are many more ways a recall campaign can be ruled invalid or having violated the rules.
What’s more, government members recently took a very high-handed approach to shut down debate on this bill. They invoked closure to stop Opposition members from speaking any further on Bill 53, denying us the opportunity to share our concerns on behalf of our constituents and our democracy.
British Columbians are being told this legislation is about fairness and improving our democracy. But it’s my view that voters should have deep concerns about this bill and its implications for keeping MLAs accountable.
