Opponents of B.C.’s upcoming referendum on proportional representation are seeking an injunction to put the vote on hold while they challenge the entire process in court.
The Independent Contractors and Businesses Association (ICBA) filed a court challenge to the referendum in late June, arguing that the process violates both the Charter of Rights and Freedoms and the NDP’s own referendum legislation.
“If we hit the pause button, which we think is appropriate and the prudent thing to do, then our court challenge could proceed, the government can defend the process, the laws, the regulation it’s put in place, and then the court can make a decision,” said ICBA president Chris Gardner.
The ICBA challenge argues the vote is being rushed, that the question being asked is unclear and that the public’s right to debate the issue fully is being curtailed.
It further argues that one of the models of proportional representation being offered, Rural-Urban PR, is unconstitutional because it would create separate voting systems for different parts of the province.
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Gardner said his group isn’t opposed to a referendum in principle, but compared the current vote to the two previous B.C. referendums on electoral reform in 2005 and 2009.
“This time, the government rushed the process, the questions are complicated and confusing. It’s a mail-in ballot. It’s not even being held at the same time as a municipal election.”
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Gardner argued that in those former referendums, there was a higher threshold needed to make the change — 60 per cent support across B.C., and a majority ‘yes’ vote in 60 per cent of ridings. He said this vote will only require 50 per cent-plus one to pass, something he argued tilts the vote in the government’s favour.
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In 2005, 58 per cent of voters said yes to changing the system, while in 2009, just 39 per cent voted in favour of the change.
The injunction application will be heard on Aug. 7.
Speaking for the government, NDP MLA Rob Fleming accused opponents of trying “every trick in the book to stop this referendum.”
“We campaigned on holding this referendum, legislation was fully debated and passed last year, and Elections BC has reviewed the question,” said Fleming.
“This tactic by the ICBA shows that the No side really just wants to prevent British Columbians from having their say on a new voting system this fall.”
The official campaign period for the referendum began on July 1, when spending limits for the official “yes” and “no” sides and third parties kicked in.
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The official group campaigning for the switch to a PR system will be Vote PR BC, while the official group campaigning to retain the current system will be the No BC Proportional Representation Society.
British Columbians are being asked a two-part question. The first part asks if they wish to change to a system of proportional representation, while the second asks them to rank which of three systems they prefer if B.C. makes the switch.
You can find out more about the three proposed systems of PR here.
The referendum will be conducted from Oct. 22 to Nov. 30 by mail-in ballot.
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