
"Shut your yapper. You cannot communicate your ideas to a group of people,” warns Bill 42, the bad-cop star of The Unspeakable Deeds of Bill 42, a digital video produced by the BC Health Coalition (which can be viewed at BCHealthCoalition.ca). It was produced just before February 13, the day the controversial Bill 42 took effect in B.C.
The bill, introduced in May 2008, places advertising-spending restrictions on individuals or organizations other than political candidates, registered political parties, or registered constituency associations for the 120-day period leading up to and including the May 12 provincial election. That means groups such as the BC Teachers’ Federation (BCTF), the BC Nurses Union, the Federation of Post-Secondary Educators, and the Canadian Union of Public Employees (CUPE) — all of which have launched a court challenge against the bill — must limit their advertising spending for the next three months to no more than $150,000 in total and $3,000 per riding. Registered political parties can spend no more than $4.4 million on total election expenses, and individual candidates can spend no more than $70,000.
“Election advertising” is defined by the 2008 Election Amendment Act — which includes Bill 42 — as “the transmission to the public by any means, during the period beginning 120 days before a campaign period and ending at the end of the campaign period, of an advertising message that promotes or opposes, directly or indirectly, a registered political party of the election of a candidate, including an advertising message that takes a position on an issue with which a registered political party or candidate is associated.”
Last month, WE reported that Vancouver tenant advocacy group Renters at Risk faced a $10,000 fine or criminal charges if members failed to register the group as an election advertising sponsor under the Elections Act. The BC Health Coalition, which continues to produce materials like its digital video in protest of Bill 42, registered last year and this year as a means of avoiding the scrutiny that Renters at Risk now faces.
“We [registered] because we do speak out about various things, certainly [about] the health ministry, and that’s exactly what Bill 42’s about: You’re not allowed to speak out against anything,” says BC Health Coalition co-chair Joyce Jones. “If you don’t, you’re facing huge fines: $500 a day, and each day [the fine] goes up until you pay or you do register. $10,000 maximum fine, I think, or jail time. I’m too old to go to jail.”
Now, with Bill 42 in effect until the end of the provincial election, big unions like the BCTF are speaking out against what they see as an undemocratic gag law imposed on them by the BC Liberal government.
“It’s clear to me that the main target of this legislation was unions who want to criticize government policy before an election,” says BCTF president Irene Lanzinger. “Teachers, for example... We are on the front lines in schools, so we see first-hand the impact of government policies in education. When we want to criticize those policies before an election, one of the ways that we do that is advertise. We do that through the union — we use our members’ money to do that — and we have resources to do that because we’re a fairly large union... Our goal is to make sure that education is one of the issues that gets debated.”
Lanzinger says the BCTF conducted a “significant round” of advertising over the last month before Bill 42 took effect in order to raise awareness of closed schools, overcrowded classrooms, and the lack of government support for special-needs programs, but she’s worried that the three months remaining between now and the election will leave too large a gap to effectively raise awareness of what she says is a poor government record on education.
With a $150,000 cap on advertising spending, and with a single prime-time TV ad costing about $14,000, Lanzinger says Bill 42 stifles the political debate necessary at election time. “There’s a principle in democracy about allowing free and open debate around elections, and it is the best time to engage in that debate, because it’s when you have the attention of the public, it’s when you have the attention of the politicians, and that political process around an election is a fundamental piece of democracy,” she says. “I think the Liberals are trying to limit that to their advantage.”
The BCTF and three other unions against Bill 42 went to trial in December of last year to launch a constitutional challenge against Bill 42, but were informed on the first day of the hearing that the judge would not be able to rule by the date Bill 42 would take effect. “We’re waiting for the ruling; the court of the judge has not ruled yet, as he predicted,” says Lanzinger. “[The ruling] may come before the election, but it really will be too late for us to do any significant advertising.”
Calls to the Attorney General seeking comment on Bill 42 were not returned by press time.
PHOTO: Irene Lanzinger, BCTF president. By Doug Shanks.

