The British Columbia Civil Liberties Association (BCCLA) is an autonomous, non-partisan

charitable society A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being (e.g. educational, religious or other activities serving the public interest or common good). The legal definition of a cha ...

that seeks to "promote, defend, sustain, and extend

civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...

and

human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...

." It works towards achieving this purpose through

litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...

lobbying In politics, lobbying, persuasion or interest representation is the act of lawfully attempting to influence the actions, policies, or decisions of government officials, most often legislators or members of regulatory agency, regulatory agencie ...

, complaint assistance, events, social media, and publications. Founded in 1962, it is Canada's oldest civil liberties association. It is based in

Vancouver Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the ...

and is jointly funded by the

Law Foundation of British Columbia Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

and by private citizens through donations and memberships. The BCCLA, through its staff lawyers and

pro bono ( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for pe ...

counsel, litigates constitutional issues and commonly appears as an

intervenor In law, intervention is a procedure to allow a nonparty, called intervenor (also spelled intervener) to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants. The ...

, applicant, or plaintiff at all levels of Canadian courts, including the

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

. The association's work is guided by the rights and liberties embodied in such documents as Canada's ''Charter of Rights and Freedoms'', France's ''

Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...

,'' the United Nations' ''

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...

'' and the bills of rights in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

Britain Britain most often refers to: * The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands * Great Britain, the largest island in the United King ...

, and

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

. The association is unaffiliated with any other organization or political group; however, the association often works cooperatively with other organizations, such as

Pivot Legal Society Pivot Legal Society is a legal advocacy organization based in Vancouver, British Columbia's Downtown Eastside The Downtown Eastside (DTES) is a neighbourhood in Vancouver, British Columbia, Canada. One of the city's oldest neighbourhoods, the ...

, the

John Howard Society The John Howard Society of Canada is a Canadian non-profit organization that seeks to develop understanding and effective responses to the problem of crime and prison reform. It is named after John Howard, a philanthropist and early English prison ...

, and the

Canadian Civil Liberties Association The Canadian Civil Liberties Association (CCLA; french: Association Canadienne des Libertés Civiles) is a nonprofit organization in Canada devoted to the defence of civil liberties and constitutional rights.Dominique ClementCase Study: Canadian ...

, on common causes. The BCCLA has been consulted by both the governments of Canada and British Columbia on proposed actions or policies that may give rise to civil liberties or human rights concerns. In the early 1980s, the association was invited to appear before the Special Joint Committee of the Senate and the House of Commons on the Constitution to participate in the public consultations on the proposed ''

Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...

''. The association was consulted by the federal government in its creation of the ''

Personal Information Protection and Electronic Documents Act The ''Personal Information Protection and Electronic Documents Act'' (PIPEDA; french: Loi sur la protection des renseignements personnels et les documents électroniques) is a Canadian law relating to data privacy. It governs how private sector ...

'' (PIPEDA, 2000) and by British Columbia's government in its creation of the ''Personal Information Privacy Act'' (PIPA, 2003).

Organization

Leadership

The BCCLA is currently led by Lindsay Lyster, president, and executive director

Harsha Walia Harsha Walia is a Canadian activist and writer based in Vancouver, British Columbia. She has been involved with No one is illegal, the February 14 Women's Memorial March Committee, the Downtown Eastside Women's Centre, and several Downtown Eas ...

. Honorary directors of the board include former prime minister of Canada

Kim Campbell Avril Phaedra Douglas "Kim" Campbell (born March 10, 1947) is a Canadian politician, diplomat, lawyer, and writer who served as the 19th prime minister of Canada from June 25 to November 4, 1993. Campbell is the first and so far only female p ...

, founding president Reverend Phillip Hewett, and environmentalist

David Suzuki David Takayoshi Suzuki (born March 24, 1936) is a Canadian academic, science broadcaster, and environmental activist. Suzuki earned a PhD in zoology from the University of Chicago in 1961, and was a professor in the genetics department at th ...

Reg Robson

Reg Robson (1921–1996) joined the association soon after its founding and served as its main spokesperson, lobbyist, and organizational leader between the mid-1960s and mid-1980s. Robson served in various executive positions, including executive secretary (1969–72, 1978), president (1972–75, 1980–82), and treasurer (1975, 1979). Robson sat on the Board of Directors into the 1980s and is credited for helping to ensure the viability of the association and its

institutional memory Institutional memory is a collective set of facts, concepts, experiences and knowledge held by a group of people. Concept Institutional memory has been defined as "the stored knowledge within the organization." Within any organization, tools ...

Funding

In the year ending December 31, 2016, the BCCLA had a combined revenue of $1.26 million, originating from membership and donations (68%), grants (20%), and other sources, including gaming revenue and litigation recovery (12%). In the year ending December 31, 2016, the expenses of the BCCLA were $1.22 million, attributed to staff salaries and benefits (59%), office operating (12%), litigation costs (9%), and other costs, including rent, professional fees, and travel (20%).

Events

The association organizes forums across British Columbia on a variety of topics, including national security, social justice law reform, HIV disclosure laws, and food rights. It also organizes speaking events, with past speakers including:

Jameel Jaffer Jameel Jaffer is a human rights and civil liberties attorney and the inaugural director of the Knight First Amendment Institute at Columbia University, which was created to defend the freedoms of speech and the press in the digital age. The Inst ...

, Deputy Legal Director at the

American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...

; The Right Honourable Beverley McLachlin, Chief Justice of Canada;

Michael Ignatieff Michael Grant Ignatieff (; born May 12, 1947) is a Canadian author, academic and former politician who served as the leader of the Liberal Party of Canada and Leader of the Official Opposition from 2008 until 2011. Known for his work as a histo ...

Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...

professor and former leader of the

Liberal Party of Canada The Liberal Party of Canada (french: Parti libéral du Canada, region=CA) is a federal political party in Canada. The party espouses the principles of liberalism,McCall, Christina; Stephen Clarkson"Liberal Party". ''The Canadian Encyclopedia'' ...

;

John Ralston Saul John Ralston Saul (born June 19, 1947) is a Canadian writer, political philosopher, and public intellectual. Saul is most widely known for his writings on the nature of individualism, citizenship and the public good; the failures of manager-l ...

, philosopher, novelist, and essayist; and

Maher Arar Maher Arar ( ar, ماهر عرار) (born 1970) is a telecommunications engineer with dual Syrian and Canadian citizenship who has resided in Canada since 1987. Arar was detained during a layover at John F. Kennedy International Airport in Septem ...

, a Canadian citizen who was tortured after being deported to Syria by U.S. authorities. Since 2005, the BCCLA has presented an annual Youth Rights Conference, a daylong seminar for high school students that is intended to promote student activism and civic engagement. Past topics have included gay/straight alliances, homelessness, protest rights, aboriginal justice, and immigrant rights.

Awards

The association presents an annual Reg Robson Award to honour people who have demonstrated a substantial and long-lasting contribution to civil liberties issues in British Columbia and Canada. Past recipients of the award have included: *

Janine Fuller Janine Fuller (born 1958)Inductee: Janine Fuller
.

Peter and Murray Corren Peter Corren (born Cook; died 30 December 2009) and Murray Corren (born Warren) – Corren is a combination of their former names – are LGBT-rights activists from Vancouver, British Columbia whose complaint before British Columbia's Human Ri ...

(1998; advocated for LGBT inclusiveness in public schools) *

Joseph Arvay Joseph James Arvay, (March 18, 1949December 7, 2020) was a Canadian lawyer who argued numerous landmark cases involving civil liberties and constitutional rights. Early life and education He was born in Welland, Ontario in 1949. As a law studen ...

(2005;

counsel for the association in numerous interventions before the

) * Lieutenant Commander William Kuebler (first non-Canadian recipient) (2009; U.S. Navy appointed counsel for

Omar Khadr Omar Ahmed Said Khadr ( ar, عمر أحمد سعيد خضر; born September 19, 1986) is a Canadian citizen who at the age of 15 was detained by the United States at Guantanamo Bay for ten years, during which he pleaded guilty to the murder of U ...

at Guantanamo Bay) *

Kent Roach Kent Roach is a professor of law at the University of Toronto Faculty of Law. He is well known for his expertise and writings on criminal law, the ''Canadian Charter of Rights and Freedoms'', and more recently anti-terrorism law. He is a graduat ...

and Craig Forcese (2016; raised public awareness of potential civil liberty infringements in bill C-51 he Anti-terrorism Act, 2015 In addition to the Reg Robson Award, the association has awarded Liberty Awards in several categories: excellence in legal advocacy (individual, group, and law firm); excellence in journalism; excellence in the arts; excellence in community activism; excellence in youth activism; and, unsung hero.

History

1960s

Background

The events preceding the formation of the BCCLA involved a

Kootenays The Kootenays or Kootenay ( ) is a region of southeastern British Columbia. It takes its name from the Kootenay River, which in turn was named for the Kutenai First Nations people. Boundaries The Kootenays are more or less defined by the Kootenay ...

British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...

, sect of the

Doukhobor The Doukhobours or Dukhobors (russian: духоборы / духоборцы, dukhobory / dukhobortsy; ) are a Spiritual Christian ethnoreligious group of Russian origin. They are one of many non-Orthodox ethno-confessional faiths in Russia an ...

s known as the Fraternal Council of the Sons of Freedom. On March 6, 1962, members of the sect used explosives to bring down a 100-metre tower supporting power transmission lines crossing

Kootenay Lake Kootenay Lake is a lake located in British Columbia, Canada. It is part of the Kootenay River. The lake has been raised by the Corra Linn Dam and has a dike system at the southern end, which, along with industry in the 1950s–70s, has changed th ...

to a lead and zinc mine in

Kimberley Kimberly or Kimberley may refer to: Places and historical events Australia * Kimberley (Western Australia) ** Roman Catholic Diocese of Kimberley * Kimberley Warm Springs, Tasmania * Kimberley, Tasmania a small town * County of Kimberley, a ...

, BC. As a result, over one thousand mine workers were laid off until power to the mining operations could be restored. Civic leaders called on the federal government to respond to the bombing with "drastic action" and the

Government of British Columbia The Government of British Columbia (french: Gouvernement de la Colombie-Britannique) is the body responsible for the administration of the Canadian province of British Columbia. A constitutional monarchy, the Crown is the corporation sole, assumi ...

offered a $10,000 reward for information leading to the conviction of those responsible. Fearing vigilantism on the part of the miners or others affected by the sect's actions, the

RCMP The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal and national police service of Canada. As poli ...

brought in one hundred officers from the Prairies to watch over the tensions. On March 24, 1962, RCMP officers, on the strength of two confessions of sect members implicating the Sons of Freedom, arrested fifty-seven members of the sect. The members were charged, along with ten other members that were already in custody, with conspiracy to intimidate the

Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...

and the

Legislature of British Columbia The Parliament of British Columbia is made of two elements: the King in Right of British Columbia, represented by the Lieutenant Governor, and the Legislative Assembly of British Columbia (which meets at the British Columbia Parliament Buildi ...

. Due to tensions in the Kootenays, the venue for the trial was moved approximately 500 kilometres, from

Nelson Nelson may refer to: Arts and entertainment * ''Nelson'' (1918 film), a historical film directed by Maurice Elvey * ''Nelson'' (1926 film), a historical film directed by Walter Summers * ''Nelson'' (opera), an opera by Lennox Berkeley to a lib ...

New Westminster New Westminster (colloquially known as New West) is a city in the Lower Mainland region of British Columbia, Canada, and a member municipality of the Metro Vancouver Regional District. It was founded by Major-General Richard Moody as the capita ...

, BC. The preliminary trial began on June 11, 1962, with Nelson Magistrate William Evans presiding. In court, the two confessions were withdrawn with the members claiming

duress Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...

. Despite over 98 witness testimonies and the Crown presenting over 500 pages of seized documents as evidence, on August 7, 1962, Magistrate Evans dismissed the Crown's case on the basis that there was insufficient evidence to proceed to trial. Meanwhile, 104 members of the sect, including children, continued to be detained on remand at

Mountain Institution Mountain Institution is a medium security federal penitentiary operated by the Correctional Service of Canada (CSC). It is located in the town of Agassiz, District of Kent, British Columbia, approximately 115 kilometres east of Vancouver, Britis ...

Agassiz Jean Louis Rodolphe Agassiz ( ; ) FRS (For) FRSE (May 28, 1807 – December 14, 1873) was a Swiss-born American biologist and geologist who is recognized as a scholar of Earth's natural history. Spending his early life in Switzerland, he rec ...

, BC.

Birth of the association

On December 9, 1962, a meeting of 80 people was held in Vancouver at the

University of British Columbia The University of British Columbia (UBC) is a public university, public research university with campuses near Vancouver and in Kelowna, British Columbia. Established in 1908, it is British Columbia's oldest university. The university ranks a ...

in response to the ongoing detention of Doukhobors at Mountain Institution. This would mark the first official meeting of the BCCLA. The association was incorporated under the ''Societies Act'' on February 27, 1963. Under the leadership of Phillip Hewett, an Anglican minister, a board of directors formed and a committee was struck and a "Doukhobour defence fund" was created to fund litigation and investigation into the Mountain Institution issue. Subsequent to its formation, the BCCLA successfully fought for release of the detainees. The BCCLA's other activities in the 1960s included aiding in the defence of ''

The Georgia Straight ''The Georgia Straight'' is a free Canadian weekly news and entertainment newspaper published in Vancouver, British Columbia, by Overstory Media Group. Often known simply as ''The Straight'', it is delivered to newsboxes, post-secondary schools, ...

'', a Vancouver-based publication, against criminal obscenity charges

1970s

Gallimaufry Players' obscenity trial

On October 27, 1969, a small group of professional actors, directors, and designers known as the Gallimaufry Players began a two-week run of

Michael McClure Michael McClure (October 20, 1932 – May 4, 2020) was an American poet, playwright, songwriter, and novelist. After moving to San Francisco as a young man, he found fame as one of the five poets (including Allen Ginsberg) who read at the famous ...

's ''

The Beard "The Beard" is the 102nd episode of the NBC situation comedy '' Seinfeld''. This is the 16th episode for the sixth season. It aired on February 9, 1995. In this episode, Elaine falls in love with a gay friend while serving as a beard for him, ...

'' at Davie Street's Riverqueen theatre. The play, about an imaginary encounter between

Billy the Kid Billy the Kid (born Henry McCarty; September 17 or November 23, 1859July 14, 1881), also known by the pseudonym William H. Bonney, was an outlaw and gunfighter of the American Old West, who killed eight men before he was shot and killed at t ...

and

Jean Harlow Jean Harlow (born Harlean Harlow Carpenter; March 3, 1911 – June 7, 1937) was an American actress. Known for her portrayal of "bad girl" characters, she was the leading sex symbol of the early 1930s and one of the defining figures of the ...

, was replete with expletives and ended with a scene of simulated cunnilingus. On November 5, plainclothes members of the Vancouver City Police morality squad attended the performance. The following day, three members of the Gallimaufry Players and the two proprietors of the Riverqueen were criminally charged with presenting an obscene performance. All five defendants were convicted at trial on May 28, 1971, in the Provincial Court of Vancouver and fined a total of $1,250. The BCCLA launched an immediate appeal at the British Columbia County Court of Vancouver. The appeal was heard over four days in November 1971 by Judge Ladner. The police officers who witnessed the performance testified that expletives were uttered on stage, and that it was impossible to know if the actress was wearing an undergarment during the simulated cunnilingus. The defence presented a series of witnesses, including drama critics from the ''Vancouver Sun'' and ''Vancouver Province'' newspapers, a drama teacher, a television critic, and an Anglican minister who testified that the words and scenes described by the police officers could not be isolated from the overall context of the play.''R. v. Small,''

973 Year 973 ( CMLXXIII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Spring – The Byzantine army, led by General Melias (Domestic of the Sc ...

B.C.J. No. 783 The judge found the defence witnesses to be "of a certain segment of the community and, while due consideration must and has been given to their evidence, their opinions cannot be accepted as representative of community standards" and that "the standards of decency and measure of tolerance in the Canadian community at this time could not but be offended by the realistic simulation of cunnilingus on the stage." The judge found the evidence insufficient to prove that one of the five defendants, Henry Yeagher, the Gallimaufry's stage manager, was in charge of the production at the time and dismissed the charge against him. The four remaining defendants had their fines set aside in favour of

suspended sentences A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that ...

. The BCCLA launched a further appeal to the

British Columbia Court of Appeal The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of Britis ...

. The appeal was heard by Chief Justice Nathaniel Nemetz and Associate Justices Robertson and Branca. Justice Robertson referred to the play as "unsavoury" and noted that "among its 9,000 words it uses 4 'four-letter words' a total of 132 times." Chief Justice Nemetz stated that he "would agree that the last scene would offend many people." Despite their personal views of the play, all three judges ruled in favour of the defendants, quashed the convictions, and ordered a new trial. In his reasons, Chief Justice Nemetz stated that "it is not the personal taste of a judge that determines whether a work is obscene or not" and concluded that Judge Ladner had "misdirected himself" when he "rejected the uncontradicted evidence of all the witnesses for the defence in their totality ndin doing so he substituted a finding of fact which was unsupported by the evidence." Chief Justice Nemetz ultimately concluded that Judge Ladner should have tested the play against "contemporary standards and to the time, place and circumstances of this performance."

Other activities

The BCCLA's other activities in the 1970s included: * The first publication of the ''Democratic Commitment'', the association's biannual newsletter * Advocating for removal of homosexuality as a grounds of exclusion from Canada from the ''

Immigration Act Immigration Act (with its variations) is a stock short title used for legislation in many countries relating to immigration. The Bill for an Act with this short title will have been known as a Immigration Bill during its passage through Parliament ...

'' * Advocating for the repeal of provisions of the ''Factories Act'' that allowed discrimination against women

1980s

Submissions on the Charter of Rights and Freedoms

When the BCCLA learned in 1980 that Prime Minister Pierre Elliot Trudeau's government was planning a series of constitutional reforms that would include the ''

'', the association began submitting comments and recommendations to the ''Special Joint Committee of the Senate and the House of Commons on the Constitution.'' On November 13, 1980, then president Reg Robson submitted a
18-page brief to the joint committee.
The letter outlined the association's eagerness to support "entrenchment of a Charter of Rights which would affirm the rights and freedoms that we believe are fundamental for the Canadian people, and which would guide the legislatures and direct the courts of this country to protect and uphold those rights." Subsequent to submitting its written brief, the association was invited to appear before the joint committee. Despite the association's eagerness for Canadians to have entrenched constitutional rights and freedoms, the association was concerned that the government's public claims about the ''Charter'' were misleading and unsupported by the actual wording contained in the government's proposal. The association urged the government to extend the time for public and Parliamentary consideration, and suggested revisions in several areas of the proposed ''Charter'' to address these concerns: * "Illusory protection of fundamental freedoms": The association argued that having a limitation clause in Section 1 that "'guarantees' the rights and freedoms set out in the ''Charter'' 'subject to only such reasonable limits as are generally accepted in a free and democratic society'" undermines the very purpose of having entrenched rights and freedoms. The association was particularly concerned with the potential implications that Section 1 could have for minorities, as their rights could be limited to "what is 'reasonable' nd thatis what is 'generally accepted' by the majority". While advocating for the deletion of Section 1, the association acknowledged that emergency powers may be warranted to justify temporary infringements on citizens’ rights; however, the association requested further consultation in that regard. * "Inadequate protection of legal rights": The association was concerned with the wording of the legal rights in sections 7–14 of the draft ''Charter'' involving search, seizure, detention, imprisonment, and bail''.'' Each of these rights was worded in a manner that allow it to be limited "on grounds, and in accordance with procedures, established by law." The association's concern was courts would be limited to determining whether the challenged activities, such as a police search, were "established by law" and could not look beyond this to determine whether the law itself was just or constitutional. In addition to these recommended changes, the association proposed several additions: * "Search and seizure on reasonable grounds and by warrant only": The association argued against the continued use of

writs of assistance In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, an ...

— documents that provide police and others with broad powers of entry, search, and seizure, including the power to search any person or place at any time for any reason related to the legislation under which the writ was issued. For example, writs were available under the ''Narcotics Control Act'' and the ''Food and Drug Act.'' The association argued that writs allowed for the "gross invasion of privacy... on the flimsiest of excuses and the wide potential for their abuse makes them an unjustifiable anachronism in a 'free and democratic society'". Apart from exceptional circumstances, the entry, search, and seizure powers of Section 8, argued the association, should not be exercised without prior judicial authorization in the form of a warrant specifying the person or place, time, and items in question. * "Arrest on reasonable and probable grounds only": Although the association recognized that Section 7 of the draft ''Charter,'' which provided that no one can be deprived of his or her liberty "except in accordance with the principles of fundamental justice" may cover arrest, the association argued that Section 9 of the draft ''Charter'' should "include an unambiguous statement that no citizen can be arrested except on reasonable and probable grounds." The association's concern was that without this addition, powers of arrest would rely on judicial interpretation of Section 7 alone, which may lead to different results. * "The right to remain silent": The association was concerned with the absence of an explicit right of silence in Section 10 (rights of a person upon detention or arrest), Section 11 (rights of a person upon being charged with an offence), or Section 13 (right against self-incrimination for a compelled witness) and argued for its inclusion. The association stated that a right to silence is a cornerstone of a criminal justice system in a society that truly respects the dignity and integrity of citizens: "in order to maintain a fair balance when the might of the state is focused on prosecuting a single individual, the justice system in democratic societies has demanded that the government seeking to punish the individual must produce the evidence against him by its own independent labours, rather than by the simpler, and often cruel expedient of compelling it from his own mouth." * "The right to counsel": The association argued that Section 10's wording was ambiguous and should be clarified to explicitly recognize a right to counsel for anyone detained or arrested, regardless of whether or not that person has money available to "retain" such counsel. * "The exclusionary rule": The association argued against Section 26 of the draft ''Charter'' that stated " oprovision of this ''Charter'' xcept for Section 13affects the laws respecting the admissibility of evidence in any proceedings or the authority of Parliament of a legislature to make laws in relation thereto." The association argued that rights dealing with search and seizure, the right to silence and right to counsel were not fully meaningful unless the ''Charter'' contained a provision to exclude illegally obtained evidence: "prosecutions and convictions for illegal acts should not rest on grounds which are themselves tainted by illegality." * "Right to a fair hearing": The association pointed out the absence in the draft ''Charter'' of "the right of a person to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations" as was included in prime minister Trudeau's earlier 1969 proposal and in the ''

Canadian Bill of Rights The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in rel ...

.'' The association argued for inclusion of such a provision, but with its language changed to explicitly include all instances of decision-making determining rights and obligations, including administrative tribunals, and not just criminal proceedings. The association identified additional areas of concern with the draft ''Charter'': * Aboriginal rights: The associated was concerned that the current and future rights of Aboriginals were not adequately protected by the draft ''Charter.'' The association pointed to Section 24 which would preserve rights "presently established by law" and noted that it would not protect future rights. The association was also concerned that the draft ''Charter'' would preclude the federal government from exercising its powers under section 91(24) of the '' British North American Act'' to protect the rights of Aboriginal people, and that the draft ''Charter'' may invalidate rights contained in the ''

Indian Act The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still ...

'' and return jurisdiction of several Aboriginal matters from the federal government to the provinces. The association urged the government to give their submissions, and those made separately by Aboriginal peoples, careful consideration. * Enforcement and remedies: The association was concerned with how the ''Charter'' would be enforced. It noted that the only remedy provided in Section 25 of the draft ''Charter'' for violations of the ''Charter'' was to declare a law inoperative. The association noted that violations will not only be limited to laws that are inconsistent with the ''Charter'' but with the actions of public officers and agencies that are in violation of constitutional rights. The association urged the committee to provide the courts with inherent jurisdiction to provide an adequate remedy for such violations. * Equality: The association argued that Section 15 of the ''Charter'' should not be limited to the traditional grounds of discrimination covered in the draft, and that the section should be expanded to include protect against discrimination based on physical disability, former criminal conviction, and sexual orientation. * Official languages in courts: The association argued that Section 19 of the draft ''Charter,'' which provided for the availability of official languages (i.e. French and English) in courts "established by Parliament" should be extended to "all provincial courts having the same jurisdiction as the B.C. Supreme Court and the B.C. Court of Appeal." * Right to trial by jury: The association observed that a right to trial by a jury was absent from the draft ''Charter'' and argued for its inclusion. * Amendment procedure: The association noted that the ''Charter'' could be amended by referendum pursuant to sections 42 and 50 of the draft proposal and argued against inclusion of these sections stating that "'protecting' minority rights by allowing them to be changed, limited or eliminated by majority in a referendum is no protection whatsoever."

Other activities

The BCCLA's other activities in the 1980s included: * Challenging the use of writs of assistance under the ''

Narcotic Control Act The ''Narcotic Control Act'' (the ''Act''), passed in 1961, was one of Canada's national drug control statutes prior to its repeal by the 1996 ''Controlled Drugs and Substances Act.'' It implemented the provisions of the Single Convention on Nar ...

'' which allowed police to enter any dwelling to search for drugs without a warrant * Challenging the provincial government's attempt to remove abortion from government provided health coverage * Challenging the provincial ''Schools Act'' which required mandatory reading of the

Lord's Prayer The Lord's Prayer, also called the Our Father or Pater Noster, is a central Christian prayer which Jesus taught as the way to pray. Two versions of this prayer are recorded in the gospels: a longer form within the Sermon on the Mount in the Gosp ...

* Challenging the British Columbia's provincial electoral boundaries

1990s

The BCCLA's activities in the 1990s included: * Providing the federal government with a legal brief detailing the legislative options regarding assisted suicide * Publication of "The Privacy Handbook: A Practical Guide to Your Privacy Rights in BC and How to Protect Them" and "The Citizenship Handbook: A Guide to Rights and Responsibilities for New Canadians" * Challenging the required teaching of the "theory of divine creation" in

Abbotsford, BC Abbotsford is a city located in British Columbia, adjacent to the Canada–United States border, Greater Vancouver and the Fraser River. With an estimated population of 153,524 people it is the largest municipality in the province outside metrop ...

, schools * Intervening in the BC College of Teachers refusal to recognize Trinity Western University's teaching certification based on the university's views of

homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...

* The BCCLA also intervened in several criminal trials, including: ** ''

R v Cuerrier ''R v Cuerrier'' was a 1998 decision by the Supreme Court of Canada, which ruled that knowingly exposing a sexual partner to HIV constitutes a prosecutable crime (aggravated assault) under Canadian law. Background The case involved Henry Cuerrier, ...

'' – a case involving man charged with aggravated assault for having unprotected sex with women while knowing he was HIV-positive ** ''

R v Sharpe ''R v Sharpe'', 2001 SCC 2 is a constitutional rights decision of the Supreme Court of Canada. The court balanced the societal interest to regulate child pornography against the right to freedom of expression possessed by the defendants under sec ...

-'' a case involving child pornography charges for, among other things, possessing private stories and pictures the accused had drawn

2000s

The BCCLA's activities in the 2000s included: * Challenging a New Westminster by-law that banned those convicted of street drug trafficking from sections of the city * Intervening in '' Chamberlin et al. v The Board of Trustees of Surrey'' regarding a school board's refusal to approve three books that portrayed families parented by same-sex couples * Helping to create the provincial ''Personal Information and Protection Act'' (PIPA) to help regulate the collection, use, and disclosure of personal information in the private sector * Intervening in a Supreme Court of Canada reference regarding

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...

* Participating in a provincial inquiry into the death of Frank Paul, who died of hypothermia after being left in an alley by police * Intervening in a US Supreme Court case challenging the continued detention of Canadian child soldier

at Guantanamo Bay, Cuba

2010s

2010 Vancouver Winter Olympics legal observer program

In September 2009, the BCCLA, in partnership with

, announced the creation of its Olympic legal observer program, the first of its kind in Olympic history. The program trained 250 volunteers to observe and record security and police actions at the opening ceremonies and at major demonstrations outside sporting events and in Vancouver's

Downtown Eastside The Downtown Eastside (DTES) is a neighbourhood in Vancouver, British Columbia, Canada. One of the city's oldest neighbourhoods, the DTES is the site of a complex set of social issues including disproportionately high levels of drug use, homeles ...

during the

2010 Vancouver Winter Olympics )'' , nations = 82 , athletes = 2,626 , events = 86 in 7 sports (15 disciplines) , opening = February 12, 2010 , closing = February 28, 2010 , opened_by = Governor General Michaëlle Jean , cauldron = Catriona Le May DoanNancy GreeneWayne Gretz ...

. The impetus for the program was a concern that hosting the Olympics would cause Vancouver's homeless citizens to be displaced and free speech and protest rights to be interfered with. Volunteers were instructed to observe police and other security actions in a "neutral and professional manner" and to report possible right violations back to the BCCLA's volunteer lawyers who would then attempt, informally or through court action, to resolve matters. In an effort to familiarize officers with program, the Vancouver Police Department and RCMP Integrated Security Unit agreed to provide legal observer training to senior officers. After the Opening Ceremonies on February 12, 2010, the BCCLA stated that they were "very pleased with the effective and restrained policing of the demonstrations that ts legal observersobserved prior to and during the Opening Ceremonies" and recorded "very few incidents involving police." On February 23, midway through the games, then BCCLA executive director David Eby stated that "we haven't seen the excesses we worried about." Vancouver Police Department spokesperson Constable Lindsey Houghton commented that the legal observer program helped police maintain public transparency throughout the games.

Trinity Western University law school

Trinity Western University (TWU), a private religious university, sought the Law Society of British Columbia's permission to start a law school to offer a legal education program prerequisite to bar admission. The Law Society denied permission to the proposed law school based on the TWU's Community Covenant that was mandatory for students to sign as a condition of admission to the school and that among other things, discriminated against LGBTQI+ persons by prohibiting sexual intimacy outside the confines of a marriage between a man and a woman. Initially, BCCLA took the position based on arguments of religious freedom that TWU's proposed law school should not be barred from accreditation. On January 22, 2018, after full and vigorous debate of the issues and principles that extended over a period of months, the BCCLA Board of Directors voted, by a substantial margin, to adopt the position that "the Law Society should not accredit a prerequisite legal education program whose admission and conduct policies discriminate against people based on prohibited grounds, thereby creating a discriminatory barrier around part of the stream of access to the legal profession." On June 15, 2018, The Supreme Court of Canada upheld the decision of the Law Society to deny permission to TWU. The BCCLA's other activities in the 2010s include: * Participating in the

Braidwood inquiry Braidwood may refer to: People * Braidwood (surname) Places * Braidwood, New South Wales, Australia * Braidwood, South Lanarkshire, Scotland * Braidwood, Illinois, United States of America Things * Braidwood Inquiry - an inquiry into a Taser ...

into the death of Robert Dziekanski, who died after being tasered five times by RCMP officers at Vancouver International Airport * Challenging the constitutionality of solitary confinement practices in Canada's federal prisons on the basis that the practices are cruel and unusual punishment and discriminatory towards Aboriginal people and those with mental health issues * Challenging Canada's medically assisted dying laws in ''

Carter v Canada (Attorney General) ''Carter v Canada (AG)'', 2015 SCC 5 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") by several parties, includi ...

'' and opposing the federal government's post-''Carter'' restrictions on assisted dying''.'' * Challenging current

solitary confinement Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additi ...

practices in Canadian prisons * Challenging the legality of the

Communications Security Establishment Canada The Communications Security Establishment (CSE; french: Centre de la sécurité des télécommunications, ''CST''), formerly (from 2008-2014) called the Communications Security Establishment Canada (CSEC), is the Government of Canada's national ...

's (CSEC) spying activities against Canadians * Lobbying for legislation to protect individuals and non-profit organizations from meritless lawsuits by large organizations that are intended to silence freedom of expression

Publications

The BCCLA is an active publisher. It has published its biannual newsletter, ''The Democratic Commitment,'' since 1972. The association publishes several handbooks, including: ''HIV Testing Handbook: A Guide To Your Rights'' (2014; English); ''Rights Talk: Students and Civil Liberties at School'' (2013; English); ''Electronic Devices: A Guide To Your Rights'' (2012; English); ''The Arrest Handbook: A Guide to Your Rights'' (2002; English, Spanish, Arabic, and Vietnamese); and, ''The Citizenship Handbook: A Guide to Democratic Rights and Responsibilities'' (2008; English, Chinese, Punjabi, Vietnamese, and

Persian Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples ** Persian language, an Iranian language of the ...

). In 2015, the association marked the passing of its 50th anniversary with the publication of ''50 Years of Freedom: A Festschrift Celebration for the Golden Anniversary of the BCCLA'', a collection of essays and other writings. It has developed over 200 policy briefs which serve as the cornerstones for its work.

Other publications

*(2002) ''The Teaching and Workshop Guide for ESL Teachers and Settlement Counselors'' *(2001) ''Kiddie Porn: Sexual Representation and the Robin Sharpe Case'' *(1995) ''Restricted Entry: Censorship on Trial'' *(1994) ''The Privacy Handbook: A Practical Guide to Your Privacy Rights and How to Protect Them'' *(1994) ''Protecting Rights and Freedoms: Essays on the Charter's Place in Canada's Political, Legal and Intellectual Life'' *(1992) Proceedings of the 1992 conference: ''The Charter: Ten Years After'' *(1990) ''Catastrophic Rights: Experimental Drugs and AIDS'' *(1989) ''The Burden of Office: Agamemnon and Other Losers'' *(1989) ''Liberties''

Brochures

*''The Facts About Drug Testing in the Workplace'' *''Suggestions for Writing a Letter of Complaint to the Police''

Controversy

On June 30, 2021, BCCLA Executive Director

retweeted a

Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...

news article from ''

Vice News Vice News (stylized as VICE News) is Vice Media's current affairs channel, producing daily documentary essays and video through its website and YouTube channel. It promotes itself on its coverage of "under-reported stories". Vice News was create ...

'' about the

burning Combustion, or burning, is a high-temperature exothermic redox chemical reaction between a fuel (the reductant) and an oxidant, usually atmospheric oxygen, that produces oxidized, often gaseous products, in a mixture termed as smoke. Combusti ...

of Catholic churches in Canada following the

discovery Discovery may refer to: * Discovery (observation), observing or finding something unknown * Discovery (fiction), a character's learning something unknown * Discovery (law), a process in courts of law relating to evidence Discovery, The Discovery ...

of gravesides at former

Canadian Indian residential schools In Canada, the Indian residential school system was a network of boarding schools for Indigenous peoples in Canada, Indigenous peoples. The network was funded by the Government of Canada, Canadian government's Aboriginal Affairs and Northern ...

, adding the statement, "Burn it all down". In response,

Tsimshian The Tsimshian (; tsi, Ts’msyan or Tsm'syen) are an Indigenous peoples of the Pacific Northwest Coast, Indigenous people of the Pacific Northwest Coast. Their communities are mostly in coastal British Columbia in Terrace, British Columbia, Terr ...

entrepreneur and Indigenous relations consultant Chris Sankey called on her to resign while British Columbia's Public Safety Minister

Mike Farnworth Michael C. Farnworth (born July 23, 1959) is a Canadian politician who has served as the 15th and current deputy premier of British Columbia since 2021, and the minister of public safety and solicitor general since 2017. A member of the British C ...

described her post as "disgusting and reprehensible." Former BCCLA president Craig Jones described Walia's statement as "a new height of stupidity" and called for the withdrawal of financial support from the BCCLA. The

Union of British Columbia Indian Chiefs The Union of British Columbia Indian Chiefs (UBCIC) is a First Nations political organization founded in 1969 in response to Jean Chrétien's White Paper proposal to assimilate Status Indians and disband the Department of Indian Affairs. Since ...

(UBCIC) expressed support for Walia, describing her as a "highly respected and valued ally."

References

External links

* {{Authority control Legal organizations based in British Columbia Government watchdog groups in Canada Human rights organizations based in Canada Civil liberties advocacy groups Legal advocacy organizations based in Canada Political advocacy groups in Canada Organizations based in Vancouver Organizations established in 1962 1962 establishments in British Columbia Civil rights organizations in Canada

Organization

Leadership

Reg Robson

Funding

Events

Awards

History

1960s

Background

Birth of the association

1970s

Gallimaufry Players' obscenity trial

Other activities

1980s

Submissions on the Charter of Rights and Freedoms

Other activities

1990s

2000s

2010s

2010 Vancouver Winter Olympics legal observer program

Trinity Western University law school

Publications

Other publications

Brochures

Controversy

See also

References

External links