White Paper – New BC Party? This paper was originally written in 2017. Predicts DRIPA challenge.
Preamble: The Myth: Canada is a Confederation of Provinces.
The Reality: Canada is actually a Federation of Provinces.
So what is the difference and why should it matter?
Differences are profound, all-encompassing and the establishment of an overly
strong centralized Federal Government in Canada, despite significant, often
irreconcilable regional disparities within Canada, has created essentially two
classes of Provinces, impacting all citizens of those Provinces.
The ‘Tier One’ Provinces, defined as those Provinces with the voting ability to
demand Constitutional, Legal, Economic and Social benefits accruing to them at
the potential (often real) expense of the ‘Tier Two’ Provinces, have used their
significant plurality of voters, Members of Parliament, Appointed Members of the
Senate, Appointed Members of the Supreme Court, among others, to ensure
that legislation adopted, economic and social decisions and initiatives, among
others, are beneficial to their own Constituents, without due consideration to the
effect upon, and consequences of, those self-same decisions as they affect the
Constituents of the ‘Tier Two’ Provinces.
In short, the current model of Canadian Federalism benefits the original
Constituencies of Upper Canada (Ontario) and Lower Canada (Quebec) even
the Eastern Maritime provinces to a lesser extent in an
inequitable, and unfair, manner, as it relates to the remainder of Canadian
Provinces who were not party to the original BNA Act signed into law by a
British Monarchy in 1867.
So how does this related to whether Canada is a de facto Federation
instead of a Confederation, as most Canadians have been taught (and
probably still believe)?
By definition, a ‘Confederation’ is a “a loose relationship between small
local (ie Provincial) governments, which cooperate to common goals, while
maintaining total autonomy. Having the freedom to operate independently
allows a great deal of freedom for each region, though it may also lead to
conflicts between the regions, and even between those regions and the
central government”.
Another definition speaks to the ‘sovereignty’ of the member states or
entities with a Confederation – and it is that specific LACK of sovereignty
or total autonomy that gives lie to the notion that Canada is a
Confederation of Provinces.
In historic terms, it can be safely argues that Canada changed from a
Confederation to a Federation no later than 1875 when the Supreme Court of
Canada was established, commensurate with powers that overruled Provincial
jurisdiction in most critical points of law, including Canadian Constitutional Law.
It is also clear from history that the original intent of many of the questionably
named ‘Fathers of Confederation’ was to steer the newly formed Canada in the
direction of a Federation as soon as possible. Historians rightly describe Sir
John A. MacDonald and many of his Anglo-Saxon cohorts as Federalists while
many of the Francophone initial ‘Fathers’ were probably ‘Confederalists’ as they
sought to maintain some true level of sovereignty for Lower Canada.
The quick transition from a true Confederation of Provinces into a Canadian
Federation against the expressed wishes of many Lower Canada Members of
Parliament was probably the first indication that the Province of Quebec (the
former Lower Canada) would henceforth continue to pursue its own identity,
culture and vision for its future, regardless of the modified terms of political
association with the remainder of Canada. The impact of that initial divergence
in philosophy and intent of the Fathers of Confederation remain with us
throughout the subsequent history of Canada.
The immediate consequence, relevant to our analysis and conclusion, is that
the Province of Quebec quickly and forcefully demanded a preferred status as a
’Tier One’ Province, henceforth. Quebec has maintained that privilege position
ever since and has historically defied all attempts to bring it into a subservient
relationship with Canada’s Federal Government.
Examples of that preferred ‘Tier One’ Provincial status?
Quebec did NOT consent to the Constitution Act, 1982 and claimed veto power.
Quebec consented to the terms of the Meech Lake Accord in 1987 on the strict
understanding it would have ‘Distinct Society’ special rights within Canada.
(For those who are not students of history, the final ratification of the Meech
Lake Accord FAILED June 22, 1990 on the last possible day as Elijah Harper, a
Manitoba MLA observed that First Nations input had NOT been sought on any
of the proposed agreements between Provinces).
Quebec did NOT consent to the Charlottetown Accord in 1992, a revisited
attempt to make Constitutional changes including the input of First Nations
participants.
For the record, no serious attempts to amend Canada’s fragile Constitution have
been made since that date.
What have we learned from this?
Canada’s ONLY claim to ‘Confederation’ status lies in the inability to amend
Canada’s existing Constitution, however flawed, without the virtual consent
of all Provinces. For reference, the failure of Meech Lake Accord resulted
from: ‘Pursuant to Section 39(2) of the Constitution Act, 1982, on June 23,
1990, the amendments lapsed. They had received the assent of the federal
government and eight provinces totalling 96% of the population.’
Canada’s Constituent, as it is written into law, is seriously flawed and subject to
far too many discretionary interpretations and rulings by a Supreme Court that is
itself appointed by political interests and a ‘seat allocation formula’ that protects
the interests primarily of Ontario and (not surprisingly) Quebec.White Paper – New BC Party of 3 11
Reality Check: Tier One Provinces, namely Ontario and Quebec, will almost
certainly maintain their preferred status, Constitutionally.
So how do the Tier Two Provinces, including BC, find a way to improve our
political, economic and societal standing within a Canadian Federation that is
overtly, undeniably and demonstrably skewed in favour of two Eastern, heavily
populated Provinces that have historically been able to bend Canada’s
Parliament, including the House and the Senate, as well as the Supreme Court
of Canada, to their political will and advantage, hence creating the Tier One
Provincial status?
Tier Two Provinces, defined henceforth as ALL Canadian Provinces, with the
specific exclusion of Ontario and Quebec, MUST find a way of improving their
relationship with the Tier One Provinces WITHIN the constraints of the
Canadian Constitution as currently defined and interpreted subject to the last
ratified (with the exception of Quebec) constitutional amendments brought into
law defined as the Constitution Act, 1982.
The Balance of Power, the goal of creating a more equitable, fair distribution of
Political Will, Economic Opportunity & Sustainability, Interprovincial Trade and
associated Benefits among vastly divergent Canadian Provinces, divergent in
terms of Geography, Natural Resources, Population, Economic Opportunity and
Cultural/Societal Milieu, is ONLY going to be achievable if Canadian Provinces
re-examine their options and opportunities within the Canadian political as it
exists.
Three outcomes (if we choose to accept the Status Quo) are possible:
1. Maintain Status Quo – increasingly unacceptable to most Westerners,
including BC citizens.
2. Similar to Quebec, pursue a Referendum intended to ultimately
disassociate from the Canadian Federation and achieve full autonomous,
independent status as a Sovereign Entity or State.
3. Redefine or re-establish a genuine form of Confederation by utilizing
some, if not all, of the Constitutional Authorities and Rights ALREADY
enshrined within Canadian Law with the ultimate goal in mind that such a
reclaiming of Provincial Rights, Responsibilities and Authorities will
empower Tier Two Provinces with greater control and autonomy over
vital, critical mandates that affect Constituents both Provincially and
Federally including, but not limited to:
a. Collect Provincial Individual Income Taxes in addition to
existing Corporate and Business Taxes.
b. Repatriate a Pension Plan for all Constituents from the
Canada Pension Plan to a Provincial equivalent.
c. Establish a Provincial Law Enforcement Agency to replace
any RCMP contracts currently in place.White Paper – New BC Party of 4 11
d. Re-examine Provincial Consent concerning the current
Equalization Formula used to facilitate Federal transfers to
Provinces.
e. Create or augment a Provincial Authority re: Environment
Issues.
f. Create or augment a Provincial Authority re: Firearms Control.
g. Re-Assert and Re-Claim Provincial Jurisdiction over Health Care,
including challenging the legal ability the Federal Government to
enforce Health Care mandates and Health Care Transfer funding.
h. Re-Assert and Re-Claim Provincial Jurisdiction over
Administration of Justice, both Civil and Criminal including
challenging the ability of Federal Government to unilaterally
appoint Superior Court Justices within individual Provinces.
I. Use section 88 of the Supreme Court’s decision in the Quebec
Secession Referendum to force Senate reform back onto the
national agenda.
The establishment of a BC Provincial Political Party committed Constitutionally to re-asserting
these Constitutionally enshrined Provincial Rights and Authorities is required if there is any
chance of creating a re-defined version of Confederation within Canada that does not
perpetuate the current status of Tier One and Tier Two Provinces, BC included in the latter.
At the very least, it can be shown that there are significant economic benefits to de-centralizing
both political decision-making and funding as evidenced by the unsustainable debt and deficit
financing agenda of the prevailing Canadian Liberal Minority Government bolstered by the New
Democratic Party.
De-centralization of political and economic power from an increasingly corrupted Federal
Government is achievable – even under the constraints of Canada’s existing Constitution.
What BC is missing is the political driving force, including BC Constituent education, necessary
to re-assert and reclaim Provincial Authorities and Rights already enshrined in Canada’s
Constitution.
A second, equally important consideration, is the matter of elected members of legislative
bodies, federal, provincial and municipal, honouring their sworn duty and responsibility to be
the de facto, unequivocal representatives of the selfsame voters and constituents who elected
those individuals to office.
A major, unacceptable and undemocratic flaw of the political status quo is that candidates for
political office find themselves accountable, even subordinated, to the political party to which
those candidates have pledged allegiance in preference to the very voter base that has elected
those candidates to their office of fiduciary trust, responsibility and accountability.
The demands of the vast majority of existing political parties ensures that the self-interest of
those political parties, including policy and platform decisions, is made at the executive level of
the political party, rather than at the grassroots, constituent level.White Paper – New BC Party of 5 11
Virtually all current mainstream parties also allow their leader to exercise a level of control and
authority that diminishes the democratic rights of the individual party member and candidate.
The establishment of party ‘whips’ is evidence that most conventional political parties are
committed to the concept of party solidarity and compliance to ‘top down’ policies and
initiatives, rather than accepting that their primary purpose and responsibility is to ensure that
the expressed best interests, vision and goals of the constituents are responsibly, transparently
and accountably prioritized.
Historically, distance and technological constraints prevented the process of Direct Democracy
from being achievable in large geographic governing jurisdictions No such constraints
should prevent a new, constituent accountable and constituent responsible, political
party from forming and becoming viable as a political force within the province of BC.
Video conferencing, Internet communications including email and secure portal websites, and
other technological tools are available now to ensure that a commitment to Direct Democracy
is not only possible, but achievable, from the very formation of the New BC Party movement.
Policy considerations and platform initiatives can all be widely and comprehensively distributed
to New BC Party members for virtually immediate consideration, feedback, discussion, debate
and ultimately, ratification, amendment or rejection.
The New BC Party would commit to putting such a technology based form of Direct
Democracy in place, from the date the New BC Party is registered in accordance with BC
provincial statutes.
BC’s Peculiar History & Projected Future
Until the arrival of England’s Captain James Cook in 1778, British Columbia was a mountain
isolated and coastal isolated geographic region with an indigenous population estimated at
less than 50,000 residents, by most accounts.
The Spaniards had already explored the BC coast in 1774 but made no permanent settlements
at that time.
BC remained in dispute between the European countries until the Treaty of Nootka was signed
in 1790 (revised in 1794), giving both countries trading rights. Of course, no one asked the
indigenous population what they thought of this treaty but, in fairness, the native population
was itself very fragmented and isolated into local areas with no common governing structure
uniting all of the indigenous groups, tribes and communities. As a result, the indigenous
population was virtually ignored, creating a legal challenge that continues to exist until this very
day.
Surprisingly, even the prevailing unelected leaders of the two major colonies that existed prior
to Confederation status for BC were not major players in the negotiations that led to BC joining
Canada’s Eastern provinces in 1871. The leadership of both the Vancouver Island colony and
the British Columbia colony that grew from the Fraser Gold Rush in 1858 were merged into a
single governing body in 1866 but it took an outside initiative known as the Confederation
League formed by the unlikely dreamer Amor de Cosmos (born Bill Smith) in 1868 to define the
terms and initiative that led to British Columbia joining the Dominion of Canada in 1871.White Paper – New BC Party of 6 11
Major factors were US expansion from the south, the purchase of Alaska by the US in 1867
and the obvious attraction of a national railway connecting BC to the remainder of what is now
Canada.
Once again, the indigenous population was not consulted and were left out of the negotiations.
BC is somewhat unique in a variety of aspects, including its geographic characteristics. As
Canada’s only Pacific coastal province, the maritime commerce capability is a major factor in
BC’s economic as well as social, development.
Inland, a number of mountain ranges dissect the province from north to south, creating both
unique transportation challenges as well as limiting the land base on which typical human
activities can be economically pursued, most importantly agriculture.
Less than 4% of BC’s total land base is considered suitable for agricultural activities, including
orchards and non-traditional crops.
Conversely, it is estimated that approximately 60% of BC’s land mass is forest, both coniferous
and deciduous, with the vast majority being coniferous, alpine growth.
What does this mean in real terms?
BC is blessed with the most temperate climate in Canada, is rich with natural resources relating
to logging, mining and related industries, but is unable to sustain its large population in excess
of 5 Million residents without an active, viable trading and commerce component.
Again, BC’s unique position as Canada’s Western Gateway becomes a major advantage in
facilitating the movement of trade goods both East into the remainder of Canada and West,
from other Canadian Provinces into the Asian markets, even European markets via the Panama
Canal.
It is noted that the Constitution assigns the right to manage both interprovincial trade and
transportation corridors to the federal government but there are still provincial opportunities to
affect the movement of goods within Canada available to BC as has been evidenced by the
significant delays in the expansion of pipelines through BC, as a recent example.
Another undeniable fact in BC is that the vast majority of the population is concentrated in
relatively small geographic areas along the coastal waterways. The mild climate and the
proximity to the Pacific Ocean has attracted most of the 5 Million plus population of BC. This
high density population base has significantly different requirements from those BC
Constituents residing in rural or smaller urban environments. Currently, over 75% of BC
residents live in communities defined as large or medium urban. Only 13% of residents are
actually considered rural.
The past few decades have shown a discernible, demonstrable difference in voting patterns
and behaviour between urban and rural voters. In BC, urban voters dramatically and
overwhelmingly outnumber rural voters. As a result, the rural BC population is often being
asked to support policies and legislation that is clearly drafted and targeted for the benefit of
BC’s substantial urban population.
Perhaps just as important in the overall analysis of BC demographically and politically, is the
undeniable fact that BC remains the only province in Canada that has not established treaty
rights with the vast majority of the indigenous population, estimated today at less than 300,000
individuals representing about 6% of BC’s total population.White Paper – New BC Party of 7 11
By comparison, the Asian population including Chinese, Indian, Filipino, Japanese, Korean and
related groups is well in excess of One and a Half Million (1,500,000) individuals. Projections
indicate a possible total Asian population in excess of Three Million (3,000,000) individuals by
2031 (source: Wikipedia) representing fully half, 50%, of the total BC population.
The expectations of governance as a result of the diversity of the BC population base cannot
be considered simple and straightforward. Not unlike most jurisdictions, political parties in BC
must pay close attention to the needs and expectations of well defined ethnic and cultural
groups in many regional locales within BC.
A significant consideration for the New BC Party is that the Asian population is generally
regarded as industrious, far more entrepreneurial, capitalistic and conservative in nature as
opposed to socialistic or ‘Left leaning’. These communities would appear to be strong
supporters of the New BC Party as the financial, cultural and social wellbeing of these
communities would be well served by a political party that maintains a strong sovereign, BC
focused vision and agenda.
In Principle and in Practice
Unlike existing status quo political parties, the New BC Party would establish Leadership and a
BC All Regions Council with elected positions on a fully Regional basis, acknowledging the
vast diversity of BC and its component elements; socially, economically, culturally,
demographically and politically.
The New BC Party will be created on a ‘Return to Constituency’ promise that requires all New
BC Party Candidates, even if and when elected to BC’s Provincial Legislature, to ensure that
the Political Will of the selfsame Constituents and Voters who elected that Candidate, (now
MLA), will be maintained and respected, utilizing the augmented technological tools now
available to us.
The New BC Party will be a return to Participatory Democracy. This reimagined Democratic
Model necessarily requires more engagement, involvement, knowledge and commitment from
General Members as well as those elected to specific offices within the New BC Party.
The New BC Party recognizes and asserts that many of the fundamental principles of
democracy have been perverted, subverted and demonstrably diminished under the
established models practiced by the vast majority of existing, status quo political entities.
Status Quo Party members are invariably solicited for funding but rarely for input on the
increasingly complicated nuances of government that have resultantly taken BC to an
unacceptable level of unaccountable, authoritarian and bloated government, both at the
legislature and in the BC Civil Service.
The New BC Party is being formed with the specific intent to flatten the hierarchy of power and
control and to return Participatory Democracy to all BC Constituents.
High Tech, High Touch. We have the technology to reach out to ALL New BC Party Members
on key legislative issues and the New BC Party has a Constitutional Commitment to bringing
forward important Legislative Proposals to General Members and Constituents on a timely
basis for discussion, debate, proposed amendments and ultimately, an ‘up or down’ vote
which will be conveyed to the LIC (Legislative Impact Committee) and the CommunicationsWhite Paper – New BC Party of 8 11
Committee for dissemination to the Leadership Team, Mainstream Media, Independent
Journalists, the New BC Party website, Social Media posts and any other means available to
confirm the New BC Party’s assessment, evaluation and response to the General Public and
Constituents.
As an example, before any proposed legislation is debated in BC’s Legislature for final reading,
each New BC Party MLA would be required to post proposed legislation of immediate or
specific interest to the local Constituency on his/her Constituency website while the Regional
Constituency and BC Provincial New BC Party websites would similarly responsibly post all
legislative matters of a more Regional, or Provincial, level of importance on the respective
websites maintained by those Regional or Provincial levels of the New BC Party.
An important consideration will be the ‘universality’ or ‘specific impact’ of proposed legislation
based on the degree to which proposed legislation will have a direct, demonstrable and
meaningful impact on the Constituents of each local Riding, Region and the Province of BC, in
its entirety.
A Legislative Impact Committee would be elected (with an Elected Representative from each
established Region within the New BC Party). That Legislative Impact Committee,
hereinafter referred to as LIC, would be tasked with assigning a weighted vote value to each
pertinent Proposed Legislative draft once it reaches the floor of the BC Legislature.
A weighted vote would ensure that the Constituencies and Regions most affected by potential
Legislation would have a greater say in the New BC Party’s position on the proposed
Legislation compared to a Constituency or Region that has far less potential impact or direct
interest in the legislation.
Examples given:
1. Public Health is a universal right and therefore a universal unweighted vote for New BC
Party members, as all are equally impacted, with equal fiduciary responsibility.
2. BC Ferry and waterway considerations are Regional in nature.Therefore, New BC Party
Regions directly impacted by proposed Legislation on related BC Ferry and waterway
considerations would have a weighted vote advantage on Saltwater Transportation, Regulation
and Enforcement proposed Legislation that is Constitutionally under the purview of the
Provinces as opposed to the Federal Government.
3. BC Hydro and Natural Resource extraction and development would be both Universal and
Regional (even local Constituency applicable) dependent on the intent of the proposed
Legislation. The construction or expansion of a hydro dam such as Site C in the Peace River
Region has multifaceted consequences; both to all taxpayers and BC residents from an
availability and pricing perspective as well as on a local, environmental or economic benefit
basis to the Region in which the Site C dam is geographically located and from which much of
the labour, material and ancillary resources would be drawn. The New BC Party LIC
(Legislative Impact Committee) would be tasked with a more complicated means of
assigning weighted voting on the ‘local/regional’ cost/benefit analysis components while
allowing an equal vote on aspects of the proposed legislation that has universal impact, ie
taxpayer contributed cost and anticipated return on investment to all BC energy clients and
consumers.White Paper – New BC Party of 9 11
This style of direct democracy, incorporating both micro and macro considerations, is
recognized as requiring far more individual input and level of knowledge than is currently
available to BC Constituents and ultimately, voters.
It is also recognized that this return to a more pure form of Direct Democracy requires that New
BC Party members, including the BC New Party (elected from within) Leadership Team
(perhaps Administrative Team is a better term), remain conversant with, and committed to, both
public and internal legislative discussion and debate on proposed legislative additions,
amendments or deletions.
It is anticipated that the New BC Party would immediately form a ‘Shadow Cabinet’ of
members, either at the general member or leadership level, to monitor specific areas of
legislative responsibility mirroring the various Ministries and Portfolios contained within the BC
Government structure.
This New BC Party Shadow Cabinet would be formed by officers elected to that specific
position by the General Members of the New BC Party. The Shadow Cabinet would then be
responsible for forming Ministry/Portfolio Committees with required Regional members from all
New BC Party Regions elected from within their respective Regions. Preferentially, the Shadow
Cabinet will be populated by New BC Party MLA’s and/or Candidates who have been duly
elected by their local Riding Constituency, by local Riding Constituency Members with a level
of pertinent expertise or by General Members who have both time and interest in discharging
requisite duties in accordance with the mandate established.
This New BC Party Shadow Cabinet would be responsible for disseminating information to
the Regional leadership, the Riding leadership and the Provincial leadership as necessary
concerning proposed legislative initiatives in sufficient time that the information be distributed
to the New BC Party General Members for a ‘policy consideration’ response based on the
recommendations of the LIC (Legislative Impact Committee).
The Legislative Impact Committee would thereafter be responsible for ensuring that the
Communications Committee of the New BC Party is given timely access to the proposed
legislation and the internal voting results of the New BC Party.
The Communications Committee would then be responsible for outlining and distributing the
New BC Party position on the proposed Legislation on a timely basis to ensure that all
impacted Ridings, Regions and the overall Provincial Constituents are made aware so that a
meaningful public discussion can commence.
The Communications Committee of the New BC Party would be elected by General
Members on a Regional Basis to ensure that all Regions are represented.
A close examination of this White Paper will properly lead the Reader to the conclusion that the
role of ‘Leader’ of the New BC Party will be significantly different from the established norm.
The Leader of the New BC Party will be elected from General Members, by General
Members; with the specific mandate to be the ‘Face and Voice’ of the New BC Party and to
convey the intent and resolve of New BC Party members as determined through the herein
referenced Participatory Democracy mechanism as described above.
The Important, Defining Difference? The Leader will ‘Convey’ and ‘Articulate” Policy, Vision
and Legislative intentions as determined through ongoing Participatory Democracy rather thanWhite Paper – New BC Party of 10 11
unilaterally establishing those selfsame Policy, Vision and Legislative intentions. The Leader
will be the recognizable, articulate spokesperson for the New BC Party and its Members.
Why a New BC Party instead of supporting Independent Candidates directly?
As many of the concepts discussed herein would work equally well with Independent MLA’s
coming together to achieve Local Riding Constituent goals through discussion, debate,
prioritization and/or compromise, there are both legislative and economic constraints that
make it almost impossible for Independent Candidates to achieve success – either at the voting
booth, in terms of media coverage and exposure, and in terms of raising the funding necessary
to be on a level playing field with Candidates from Registered Political Parties.
A second major impediment to Independent Candidate success is the legislative framework
that is overseen by Elections BC.
As an example, a registered political party’s name cannot contain the word ‘Independent’ or
‘Non’Affiliated’ or similar wording that infers the Candidate is campaigning with the benefits of
Registered Political Party association but without the stringent constraints that are also
associated with Registered Political Party endorsement.
The belief of the author of this White Paper and subsequently, the belief of the New BC Party
considers that the best, most capable and electable ‘potential’ Independent BC Political
Provincial Candidates will recognize the merit and benefit of running as a Candidate for the
New BC Party, including a Direct, Accountable and Transparent Responsibility ‘FIRSTLY’ to the
Constituents and Voters within his/her local Riding as well as the unique ability to benefit from
the ‘High Tech, High Touch’ Constitutional requirement to practice Participatory Democracy
foundational principle of the New BC Party as outlined above.
For discussion purposes, the author has proposed Seven (7) Constitutional Regions within the
New BC Party as detailed below:
1. Victoria & Surrounding Region
2. Greater Vancouver Island
3. South Lower Mainland
4. Greater Vancouver & Surrounding Region
5. Coastal Mainland BC (North of Greater Vancouver & Surrounding Region)
6. Northern BC
7. BC Interior
These proposed Constitutional Regions will be geographically and demographically defined
later on in this White Paper. Boundaries will be established based on rough population
equivalencies coupled with specific Regional characteristics & requirements.
The author considers that the combination of the need to re-assert Constitutional Provincial
Rights, Responsibilities and the need to provide a direct, Participatory Democracy option to BC
Constituents and Voters will ensure the viability and successful creation of the New BC Party.
We welcome your thoughts, criticisms and suggestions by return email.
A related proposed Constitution is being drafted that incorporates the normal ‘keep well’
clauses as well as specific clauses required to facilitate the proposed founding principles.White Paper – New BC Party of 11 11
The next portion of this White Paper will explore the dynamics and requirements necessary to
move past a theoretical discussion into a viable, electable Provincial Party registered in the
Province of BC.