Democratic Rights 

Topic: Democratic Rights 


BC Supreme Court says Election Act gag law infringes Charter, but is justified

In a decision released today, Justice Bruce Cohen of the BC Supreme Court declined to strike down provisions of the BC Elections Act that infringe constitutional guarantees of freedom of expression because he found they were justified in a free and democratic society. FIPA brought the constitutional challenge last year, after attempts to persuade the […]

Read More


Taking Action on BC Election gag laws

FIPA will be in court next week seeking to force the government to stop suppressing freedom of expression during provincial elections. Our Charter challenge gets under way in BC Supreme Court in Victoria on Monday November 4, seeking to strike down the provisions that require everyone to register with Elections BC before undertaking ‘election advertising’ […]

Read More


BC FIPA’s submission in local government election reform consultation

BC FIPA, today, submitted a letter to the Ministry of Community, Sport and Cultural Development in the context of its consultation on local government election reform. BC FIPA strongly opposes provisions on third party spending limits and believes the lack of a minimum spending threshold in the provisions makes them unconstitutional violations of freedom of […]

Read More


BC FIPA Intervener’s Factum in SCC 34828 (appeal from 2012 ONCA 125)

BC FIPA’s intervener’s factum in SCC 34828 (case docket at SCC website).  BC FIPA takes the position that greater deference to the adjudicative tribunal should have been taken by the lower court and that “access to information legislation, such as in Ontario and British Columbia, fulfils a particularly critical role in nourishing our democracy. It creates […]

Read More


We’re not waiting for 2016 to get action on transparency and privacy

After four weeks of heated campaigning, the 2013 provincial election is finally over. The voters of B.C. have chosen a new Liberal majority government under Christy Clark to lead the province for the next four years. The coming weeks will see a new cabinet appointed, staff shuffled and (at least the possibility of) new faces […]

Read More


B.C. parties finally spill on FOI and privacy

To this point in the provincial election campaign, the leaders of the four major parties have been quite reticent to reveal where they stand on some of the burning issues in the field of information rights. That’s why we sent all four parties a questionnaire pushing them for clear positions on how they would stop […]

Read More


Party platforms almost completely ignore information rights

The provincial election campaign is well underway and all the major parties have released their platforms. But unfortunately for those of us concerned about information and privacy rights, the pickings are awfully slim. Information issues were smoking hot right up to the drop of the writ. But ever since, they’ve received hardly a mention. Looks […]

Read More


This election, put information rights front and centre

A few short days from now, the writ will drop on the 2013 provincial election, kicking off twenty-eight days of heated campaigning. And while there’s no shortage of issues for voters to consider, recent controversies around government secrecy and attempts to undermine Freedom of Information make it clear that information policy should be a top […]

Read More


Responses to FIPA’s Questions for Party Leaders

BC FIPA sent the leaders of BC’s political parties a series of questions on freedom of information and privacy issues. Here are the responses we received: BC Liberal Party response (pdf). BC Green Party response (pdf). BC NDP response (pdf).

Read More


B.C. Government’s hard line on Election Act gag forces constitutional challenge

The B.C. Government’s stubborn refusal to fix our province’s unconstitutional Election Act has forced a Charter challenge by the B.C. Freedom of Information and Privacy Association (FIPA). The definition of election advertising contained in s.228 of the Act is extremely broad, and captures any communication with the public that “…promotes or opposes, directly or indirectly, […]

Read More


BC FIPA’s Notice of Civil Claim challenging the limits on 3rd party election advertising

BC FIPA filed a notice of civil claim in BC Supreme Court on January 28, 2013 challenging the legality of the provisions in the BC Election Act dealing with 3rd party advertisers. BC FIPA submits that the restrictions on 3rd party election advertising and the registration requirements for 3rd party election advertisers in the BC […]

Read More


2012 a big year for information rights

At FIPA, we’re in the process of winding down a very busy and eventful 2012. The past twelve months have been marked by major victories, as well as new challenges on the transparency and information rights front. We’re very pleased to have finally succeeded in our efforts to obtain an unredacted copy of the B.C. […]

Read More