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Briefly: Elections BC spokesperson said ballots and other documents were stored off-site during the advance voting week, including at the homes of Elections BC officials. Several security measures were in place to protect electoral integrity.

Bob Mackin

When B.C.’s early voting polls closed at night, did you know where your ballot was?

Elections BC reported a record of more than one million people voted in advance between Oct. 10-16.

A member of one candidate’s team showed theBreaker.news correspondence with an Elections BC local official about a case of unmarked ballots being taken home for safe-keeping. The candidate asked not to be identified in print.

(Elections BC)

“Supervisors have the options of keeping sensitive documents and ballots either at my district office or at a safe place off the polling place over night (i.e. their home but not left in their cars),” the district returning officer wrote. “The key point is keeping them off-site.” 

The email said that all election officials “have made their solemn declarations to maintain the integrity of our voting process” and routinely bring all ballots back to specific polling sites prior to opening each day.

An Elections BC spokesperson confirmed that storing ballots at home is an option.

“At the end of each day of advance voting, cast ballots are secured in a ballot box that is sealed and signed by election officials and scrutineers,” said senior communications director Andrew Watson. “In urban ridings, unused ballots and ballot boxes are returned to the district office for secure storage. Where this is not possible, for example in rural ridings, where it is too far for a voting place supervisor to drive back to the district office at night, the unused ballots and sealed ballot boxes will be securely stored at the senior election official’s home. This maintains the chain of custody.”

Watson said ballots are reconciled at each station so that officials know how many ballots have been issued, cast by voters and remaining

Watson called the security of all ballots, whether unused or cast, “essential for electoral integrity.” A $10,000 fine, year in jail or both are maximum punishments should an election official be found guilty of breaking the oath to uphold the Election Act by tampering with ballots and other election materials.

The Elections BC “Guide to Voting and Counting” contains a section on procedures for the end of each day at advance voting.

It says to ensure the official record of the votes is kept secure, ballots cast will be transferred from their original ballot box to a transfer ballot box that is sealed and labelled with the voting place name, date and tabulator identification.

“The transfer ballot box will be stored off-site at the district electoral office or at the home of the voting place supervisor,” the manual said.

Scrutineers are encouraged to observe the process.

The David Eby-led NDP won 46 seats on Oct. 19, one more than John Rustad’s Conservatives, but one shy of a majority.

Elections BC’s final count is scheduled for Oct. 26-28, with some 65,000 mail-in and absentee ballots to be counted around the province. Automatic recounts will take place in Surrey-City Centre and Juan de Fuca-Malahat, where NDP candidates won by fewer than 100 votes.

Elections BC rejected requests for recounts by one Green and three NDP candidates. One of those was Surrey-Guildford NDP runner-up Garry Begg. An Oct. 24 letter to Begg from District Electoral Officer Rana Malhi said Begg provided no evidence of ballot counting errors.

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Briefly: Elections BC spokesperson said ballots and

Briefly: Coun. Sarah Kirby-Yung apologized after swearing in a committee meeting on Oct. 23 during a rare show of discord with a fellow member of the ABC Vancouver supermajority.

Bob Mackin

You’re obviously familiar with the nasty war of words between Donald Trump and Kamala Harris en route to the Nov. 5 election day.

North of the border, no doubt you’ve witnessed the animosity between Justin Trudeau and Pierre Poilievre.

Maybe you followed the barbs traded by David Eby and John Rustad during the B.C. election campaign?

Coun. Sarah Kirby-Yung (lower left) on Oct. 23, 2024 as chief of staff Trevor Ford, Mayor Ken Sim and Coun. Rebecca Bligh react (City of Vancouver/YouTube)

But how about Sarah Kirby-Yung and Rebecca Bligh?

The Vancouver city councillors quit the NPA caucus (together with Lisa Dominato) in early 2022 and were re-elected later that year under Ken Sim’s ABC Vancouver banner.

They both have reasons to be in a good mood. Last week was the second anniversary of Sim’s landslide win.

Kirby-Yung’s husband, retired cop Terry Yung, was elected Oct. 19 in the Vancouver-Yaletown riding for Eby’s NDP.

Bligh began this week with a promotion, from the vice-presidency to the presidency of the Federation of Canadian Municipalities, replacing Colchester, N.S. deputy mayor Geoff Stewart.

But something suddenly went awry on Oct. 23 at the Standing Committee on Policy and Strategic Priorities meeting. A hint that all is not well inside the supermajority caucus as the 2026 election slowly comes into sight.

Coun. Mike Klassen, who was chairing the committee meeting, sought approval to carry on past 5 p.m. without a break. ABC Coun. Brian Montague had tabled his motion to explore upgrading intersection traffic cameras to allow real-time surveillance by police.

Bligh suggested completing the item, breaking for an hour and reconvening at 6 p.m.

Kirby-Yung protested.

“There is a procedure to allow councillors to comment on it, so we can’t just whip in whenever we feel like it, throw it out there without taking the queue — and councillors do have a right to debate motions. So if we could not dispense with procedure, and councillors could follow that out of respect for their colleagues,” Kirby-Yung said, looking toward Bligh.

“So colleagues have a chance to weigh in, to decide or to advise if they’re able to stay. I would appreciate that. This is not the wild west of fucking procedure, and I apologize for…”

Said Bligh: “Oh my gosh, I’m gonna call a point of order!”

A surprised Sim and chief of staff Trevor Ford suddenly emerged from a back room.

Klassen called a recess.

When the meeting reconvened, Kirby-Yung apologized “unreservedly.”

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Briefly: Coun. Sarah Kirby-Yung apologized after swearing

Briefly: The day after B.C.’s election, the pro-Beijing Canadian Alliance of Chinese Associations chose new leadership in Richmond.

Bob Mackin

The day after British Columbia’s provincial election, a prominent ally of the People’s Republic of China consulate met in Richmond to choose its new leader.

Chu Yuanzheng became the executive chair of the Canadian Alliance of Chinese Associations (CACA) on Oct. 20 for a two-year term. Chu, who succeeds 2022-elected Richmond real estate agent Xue Xiaomei, had previously been the executive chair from 2014-2016.

CACA also chose Hong Qichan as vice chair, 12 board members and three supervisors.

Hong Qichan (left), Chu Yuanzheng and Xue Xiaomei (Lahoo.ca)

A November 2012 China News Network profile described Chu as “a Canadian overseas businessman and chairman of Hunan Yuanzheng Investment Group,” a transportation, real estate and tourism company he founded in 2008.

A May 2014 profile said that he resigned in 1996 from management of state-owned enterprises, bought four, air-conditioned sleeper buses that operated from Liling in Hunan to Shenzhen in Guangdong and “embarked on the road of business.”

In 2015, Chu represented CACA on then-BC Liberal premier Christy Clark’s tour to China.

Jiangxi-native Hong is the founding president of the North American Alumni Association of Peking University’s HSBC Business School.

Former honorary CACA chairs at the event in Stage One Academy included Hong Wei (Winnie) Liao, the supporter of Justin Trudeau and owner of Respon Wealth Management Corp. Liao is appealing the cancellation of her licence by the Insurance Council of B.C.

Also attending were Canada Shandong Business Association head Zheng Yan and former CACA secretary Shumei Lu, who both supported Conservative Michael Wu’s unsuccessful campaign in the Burnaby North riding.

CACA is a 2008-founded, Richmond-based umbrella for more than 100 business and cultural groups. It says it promotes Mainland Chinese political involvement in Canada and economic, scientific and cultural co-operation with China. CACA leaders are frequently seen with Chinese diplomats and Canadian federal, provincial and municipal politicians.

In 2018, Chen Yonglin, a former Chinese diplomat who defected in Australia, described CACA as a “controlling level” United Front group.

The United Front Work Department is “a key [Chinese Communist Party] entity engaged in foreign interference,” according to the first report of the Hogue Commission

“Internationally, the UFWD attempts to control and influence the Chinese diaspora, shape international opinions and influence politicians to support PRC policies,” said the public inquiry’s May report.

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Briefly: The day after B.C.'s election, the

Another cliffhanger election?

Yes. What did you expect? It’s British Columbia. 

Oct. 19 ended with David Eby and the NDP winning 46 seats — one more than John Rustad and the Conservatives, but also one shy of a majority. Sonia Furstenau lost her bid for re-election in a new riding, but two of her candidates were successful. 

What next? 

Joining host Bob Mackin are Kash Heed, former BC Liberal solicitor general, Colleen Hardwick, former Vancouver city councillor and Mario Canseco, president of Research Co. 

CLICK BELOW to listen or go to TuneIn, Apple Podcasts or Spotify.

Have you missed an edition of theBreaker.news Podcast? Go to the archive.

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thePodcast: Special post-election edition
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Another cliffhanger election? Yes. What did you

For the week of  Oct. 20, 2024:

Foreign interference — with multiple B.C. angles — dominated national headlines as the provincial election approached. 

Thanksgiving Monday: Indian diplomats expelled for not cooperating with an RCMP investigation into a spree of murders and extortions. 

Tuesday: Anti-Israel not-for-profit Samidoun declared a terrorist entity by Canada and the U.S.

Wednesday: the Hogue Commission public hearings climaxed with testimony from Prime Minister Justin Trudeau about election meddling by China and other governments. 

Bob Mackin’s guest is investigative reporter Sam Cooper of TheBureau.news and author of “Wilful Blindness, How a Network of narcos, tycoons and CCP agents infiltrated the West.”  

Plus, this week’s Pacific Rim and Pacific Northwest headlines. 

CLICK BELOW to listen or go to TuneIn, Apple Podcasts or Spotify.

Have you missed an edition of theBreaker.news Podcast? Go to the archive.

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thePodcast: Canada's week of foreign interference
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For the week of  Oct. 20, 2024:

Bob Mackin

Grab an umbrella and jacket, get on your boots. Get out and vote between 8 a.m. and 8 p.m.

The difference between the two main parties in B.C.’s 2024 election is stark.

John Rustad (left), David Eby and Sonia Furstenau on Oct. 8 (CBC/YouTube)

One party hurried up and made itself along the way.

The other party made stuff up.

The Conservatives suddenly became the only free enterprise option Aug. 28 when BC United withdrew. It took another three weeks to finalize the 93-candidate dance card. Some of those candidates were not vetted, which led to some embarrassing moments that distracted from the party’s message. The party released most of its platform chapters along the way, but did not put them all together in one document until four days left. Maybe it will hurt at the ballot box. Maybe it won’t.

The NDP, on the other hand, plied a different path to election day.

It was a campaign that pointed out Conservative leader John Rustad’s shortcomings instead of accentuating NDP Premier David Eby’s strong points.

It was a campaign that cast Rustad as a major player in the BC Liberal governemnts of Gordon Campbell and Christy Clark (he was not). A campaign that claimed Rustad wanted to bring back MSP premiums and bridge tolls and go easy on gun-toting gangsters (no, no and no). A campaign that claimed Rustad’s platform planned $4.1 billion in healthcare cuts (totally false —Rustad first agreed with the NDP budget and later promised to top it up by $3.8 billion).

The NDP previously prided itself on sticking to the facts, correcting disinformation by the BC Liberals and taking the high road. Not this time. The gloves were off.

The late politician and talkshow host Rafe Mair was fond of saying that in a sea of twos, all you need to be is a three.

Three could also be a significant number at the end of the day.

In the final Research Co poll, 3% is the NDP’s edge over the Conservatives. Three percent is also the amount of support for independent candidates who, along with the third party Greens, could hold the balance of power in the next session of the Legislative Assembly.

Two years ago today

Late Oct. 19, 2022, Eby became the 37th premier of B.C., by default.

Will the voters of B.C. keep him in the job tonight?

The vote to succeed John Horgan was scheduled to happen Dec. 3, 2022, but was cancelled.

That is because party directors agreed with a report by former NDP finance minister Elizabeth Cull, who recommended disqualification of environmental activist Anjali Appadurai.

Appadurai may have had enough support to become premier, but never got to the finish line. Cull found her team sold fraudulent memberships and she colluded with environmental charities Dogwood Initiative and 350 Canada.

Atiya Jaffar (left) and Anjali Appadurai (Instagram)

Appadurai came into the race a year after nearly winning a federal seat for the NDP in the 2021 election in Vancouver-Granville.

In 2024, Eby made opinionated billionaire Chip Wilson a campaign target. Two years earlier, he raised nearly $384,000 for the campaign, thanks to real estate tycoon donors named Audain, Bai, De Cotiis and Thind.

Eby was sworn-in to succeed Horgan on Nov. 18, 2022 at the Musqueam Indian Band’s Community Centre. He promised 100 days of action with tangible results. He spent a $5.7 billion surplus left by Horgan.

By the time 2024 came along, NDP support slipping, Eby backtracked on decriminalization of drugs, the vaccine mandate for healthcare workers and opposition to involuntary care for drug addicts and the mentally ill. He even dropped his steadfast support for the carbon tax.

“All the other parties that seem to me, in an effort to win votes, are willing to sell their children’s future,” Eby said at the party’s November 2023 convention. “I think it’s unacceptable, we won’t do it and we’ll support strong climate action.”

Eby made his name as a Downtown Eastside lawyer and civil libertarian harshly critical of Vancouver’s 2010 Winter Olympics and the International Olympic Committee. As attorney general and then premier, the NDP agreed to subsidize FIFA for holding seven 2026 World Cup matches at B.C. Place Stadium. It could cost taxpayers nearly $600 million, according to a spring estimate. The host city contract remains secret, thanks, in part, to the B.C. government.

And, one more thing…

The atmospheric river drenching Vancouver Island and the Lower Mainland on election day could adversely impact turnout after a record 1 million-plus took advantage of the early voting days.

Elections BC reported a 54% turnout for the 2020 pandemic election, which relied heavily on vote by mail. In 2017, it was 61%.

Academics agree that the weather can play a role on election day.

Red areas show large parts of B.C., including the heavily populated southwest, under heavy rain storm warnings for election day (Environment Canada)

The February 2023 edition of Election Studies featured a study from the University of Copenhagen, called When the election rains out and how bad weather excludes marginal voters from turning out. For every centimetre of rain, turnout could be diminished by nearly 1%.

Environment Canada forecasts as much as 15 centimetres of rain by Sunday morning in Metro Vancouver, the Fraser Valley and some parts of Vancouver Island.

According to the abstract:

Ostensibly random and trivial experiences of everyday life, e.g., local weather, can have significant political consequences. First, we present a comprehensive meta-analysis of 34 studies of electoral turnout and rainfall – the vast majority demonstrating a negative association. Secondly, we present a new analysis of a voter panel with validated turnout for a complete electorate merged with fine-grained meteorological observations to show that Election Day rainfall reduces turnout by 0.95 percentage points per centimeter, while more sunshine increases turnout. Marginal voters (young voters) are up to six times more susceptible to bad weather and respond more positively to pleasant weather. Thus, bad weather exacerbates unequal democratic participation by pushing low-propensity voters to abstain. Efforts to include marginal voters therefore ought to be intensified during poor weather, and elections could even be moved to seasons with more pleasant weather to improve participatory equality.

Click here to read the full study.

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Bob Mackin Grab an umbrella and jacket, get

Bob Mackin
When did the campaign really start?

We know Oct. 19 is the final voting day.

But when did the 43rd election really start?

On Sept. 21, Lt. Gov. Janet Austin met with the Chief Electoral Officer Anton Boegman to sign the writs and dissolve the 42nd Parliament. Premier David Eby did not visit Government House that day — he kicked off the campaign a day earlier in Surrey.

Amanda Campbell, Austin’s director of communications, told theBreaker.news that Eby formally made the request to the King’s representative on Sept. 19.

That was the same day that Eby told the Union of B.C. Municipalities convention in Vancouver “We’re on the campaign trail in two days.”

He did not wait two days. He embarked on the campaign trail the never next day in the Surrey-Serpentine River riding.

Ravi Kahlon’s future

If the NDP returns to power, and Ravi Kahlon is re-elected in Delta North, does he remain the Minister of Housing?

Conservative leader John Rustad and Surrey Cloverdale candidate Elenore Sturko accused him of potential conflict of interest more than once.

Sister Parm Kahlon is a partner in the new Core Firm with fellow NDP stalwarts Nikki Hill and Opreet Kang. One of their clients is Renewal Developments, which repurposes and relocates single-family houses. Brother Sunny Kahlon owns Victoria homebuilder Kahlon Developments.

A week into the campaign, Rustad wrote an open letter to Eby, asking for him to “publicly support and endorse an immediate investigation into Ravi Kahlon and provide full disclosure on whether Minister Kahlon has recused himself from decisions that may impact his family’s business interests.”

Ravi Kahlon called the allegations “false and desperate.” Parm Kahlon said the work for Renewal “did not involve government relations or interactions with the government.” Sunny Kahlon did not respond.

During the last pre-election Question Period on May 16, Rustad challenged the Housing Minister about a series of real estate deals involving three Prince George properties sold to B.C. Housing. Two of which involved Tapinder Singh Banipal of Kamloops and Tejinder Singh Khatrao of Prince George.

Knights Inn, bought for $1.1 million, sold to BC Housing for $4.1 million; North Star Inn, bought for $3.25 million, sold for $10.5 million to BC Housing; Lotus Hotel, bought for $700,000 sold for $2 million to BC Housing.

“This not only looks bad; it does not pass the smell test,” Rustad said, challenging Eby to commit to a forensic audit.

Kahlon rose to respond and said rules were followed and the purchases were urgently needed to deal with homelessness.

“The previous government, when the member was part of the BC Liberal government, did the same thing — which is good; it should be commended,” Kahlon said.

Blue-to-orange switcher

Premier David Eby (left) and Kareem Allam (X/Mike Witherly)

Kareem Allam is the federal Conservative behind Kevin Falcon’s 2022 BC Liberal leadership win and Ken Sim’s 2022 ABC Vancouver mayoral victory.

Instead of endorsing Rustad’s Conservatives, Allam said he signed up for an NDP membership, voted NDP and joined the Terry Yung campaign team in Yaletown, his home riding.

On Oct. 17, he appeared between Yung (husband of ABC Coun. Sarah Kirby-Yung) and Eby and delivered a rousing speech at Yung’s campaign office.

Yung’s Conservative opponent happens to be former NPA Coun. Melissa De Genova, who went to work at Allam’s Fairview Strategy after losing in the 2022 civic election.

Like 2024 provincially, affordable housing was top-of-mind in 2022. Last year, Allam called it an issue that the public generally views as “not solvable.”

“You can’t win an election on housing affordability, you can lose one if you don’t have a good plan, and can’t show good progress — but you can’t win an election on these issues,” Allam said during an April 24, 2023 online forum via the University of California Berkeley’s Citrin Center for Public Opinion Research. “So we never saw this as something that we had to do to win the election, we just had to come up with a good, sound approach to this to show that we were going to be able to make progress on it.”

Sinclair’s antisemitic “something”

The NDP spent several days late in the campaign doggedly prosecuting years-old, offensive Facebook posts by actor Brent Chapman, the Conservative Surrey South candidate and husband of Conservative MP Kerry-Lynne Findlay. Rustad refused calls to force Chapman to quit.

Meanwhile, Sturko noticed something on the Facebook account of Jim Sinclair, the NDP-appointed chair of Fraser Health Authority.

The something was Sinclair’s reposting of a graphic that quoted Hebrew University professor Nurit Peled-Elhanan: “Israel has reached an unimaginable peak of evil,” it said.

The post also accused Israel of “pure colonial nationalist and chauvinistic racism.” It said nothing about the terrorists who triggered the Israel-Hamas war, by killing 1,200 innocents and kidnapping 240 others on Oct. 7, 2023.

“Adrian Dix’s handpicked board chair of Fraser Health has shared antisemitic posts, which create an unsafe environment for Jewish patients and employees,” Sturko posted.

The date? Oct. 13, less than a week after the anniversary of the October 7 massacre.

Sinclair deleted the graphic on Oct. 14 and wrote:. “I shared something yesterday I should not have. I apologize.”

Did Sinclair post anything else about the Israel-Hamas war? Either he took a break from Facebook for all of 2023 or he deleted those, too.

Sinclair has not responded for comment.

Sinclair’s name is connected to $1.4 million in donations to the NDP since 2005, mostly during his 1999 to 2015 time as head of the B.C. Federation of Labour, when there was no limit on donations from unions.

Burma Block

One of Rustad’s last tour stops on the final campaign day was the Dundarave office of West Vancouver-Capilano Conservative Lynne Block.

Independent ex-BC United MLA Karin Kirkpatrick and her team showed up with signs. Block’s supporters grabbed theirs and hurried to the sidewalk. Some even jumped on the street. One of the Conservatives was Caroline Elliott, who had been the heir apparent to Kirkpatrick.

Elliott’s brother-in-law, Kevin Falcon, pulled BC United out of the race in August and endorsed the Rustad Conservatives. Kirkpatrick, a federal Liberal, unretired in order to seek another term as an independent “centrist.”

Kirkpatrick came to Dundarave with her top endorser and predecessor, the five-time-elected Ralph Sultan.

In 2001, Sultan defeated six challengers in a hotly contested nomination to run for the Gordon Campbell-led BC Liberals.

Peek in the files

Former BC Liberal MLA Ralph Sultan, sandwiched Oct. 18 by Caroline Elliott (left) and Colin Metcalfe.

All 323 candidates across the 93 ridings in the Oct. 19 election were required to provide a stack of documents to Elections BC in order to get their names on the ballots.

Nomination application, statement of disclosure, list of nominators, and appointments of auditor, official agent and financial agent, to be precise.

They are all public documents available for inspection at Elections BC offices. Though, they are subject to opt-out clauses so as to protect personal information, such as residential addresses and phone numbers. That makes it harder for a reporter to determine whether, for instance, a candidate lives in a house owned by a party donor. (That was the case in 2017 for then-BC Liberal Premier Christy Clark.)

On his disclosure form, Eby lists no real property or assets. He disclosed unspecified liabilities with CIBC and Scotiabank.

Rustad reported interest in four properties around Prince George. But no assets or liabilities.

Green leader Sonia Furstenau reports a charming, secondary house in Shawnigan Lake, assessed at almost $1.4 million. (Though, it is not lakefront property). She said she has no assets or liabilities.

Eby’s nominators include Leonard Schein, the Vancouver International Film Festival founder and independent cinema owner appointed by the NDP to the University of B.C. board of governors. That’s Schein’s face over Eby’s left shoulder in the group photo on the side of the NDP campaign bus.

Someone on Eby’s campaign team — maybe it was Eby himself — has a sense of humour.

The name of nominator Christa Eggens is followed by that of Eby constituency assistant Summer Bacon and three other folks named Bacon.

Follow @theBreakernews on Twitter for election night news.

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Bob Mackin When did the campaign really start? We

Guest commentator: Geoffrey S. Moyse

As a now-retired former B.C. government senior legal counsel on aboriginal law who spent 31 years advising six successive governments, I have an obvious interest in the subject of Indigenous reconciliation.

In 2019 the NDP government of the day enacted the Declaration on the Rights of Indigenous Peoples Act (DRIPA), which sets out a process for bringing B.C. laws into alignment with a non-legally binding UN Declaration on the Rights of Indigenous Peoples (UNDRIP). During debate on this legislation, then Minister Scott Fraser informed the legislature that the government’s intention was to apply UNDRIP in a manner consistent with section 35 of the Constitution Act, 1982.

David Eby, centre, on Sept. 19 (BC Gov/Flickr)

Section 35 recognizes and affirms proven aboriginal and treaty rights in Canada.  The Supreme Court of Canada has issued many judgments since 1982 defining those rights and setting out tests for their proof.  This includes case law on the test for proving aboriginal title in Canada.  

Unfortunately, there are a number of articles contained in UNDRIP, which is a non-binding UN declaration that has no force of law in Canada or British Columbia, that appear to be directly contradictory to, or at least potentially inconsistent with, section 35.

As I have been observing publicly available evidence of the progress on the government’s implementation of DRIPA, I am becoming convinced that there are two particular articles in UNDRIP which can be, and I think perhaps are being, interpreted in a manner contrary to section 35.

DRIPA sets out a process for bringing B.C. laws into conformity with the articles of UNDRIP.  That obviously means bringing B.C. laws into conformity with articles such as Article 26 and Article 32(2) of UNDRIP.

Article 26 sets out a “definition” of territorial Indigenous ownership of all lands and resources found within a claimed territory.  The definition of “territory” in that article can be interpreted in a manner which goes far beyond the nature and extent of Aboriginal title as set out by the Supreme Court of Canada under section 35, since it affirms ownership of land and resources based on mere use of land, which is not consistent with the test of exclusive occupation of land as of the date of sovereignty grounding aboriginal title in Canadian law.

Article 32(2) of UNDRIP provides that nothing government wishes to do with lands that are subject to the broad Indigenous ownership rights purported by article 26 can be done without the free and prior consent of Indigenous people.

Evidence of government’s apparent intent to embrace these articles can be seen in section 7 of DRIPA, which authorizes the government to enter into agreements which provide for “joint decision making” by the government with Indigenous governments over public lands or that set out the requirement for Indigenous consent before a government decision can be made at all.

It seems clear that the proposed amendments to the Land Act, which were quickly shelved by the government in response to a vehement public backlash, were based on a broad interpretation of article 26 Indigenous ownership and jurisdiction and reliance on the “consent” requirement of Article 32(2).  They are clearly in no way based upon section 35 Canadian law.

Over the past two years I have seen many statements from government ministers about “stolen lands” and non-Indigenous “settlers”, along with admonitions that the public should not call themselves “British Columbians” for fear of offending those who see this province as illegitimate.

When I couple those statements with the manner in which I see Articles 26 and 32(2) of UNDRIP being promoted by the government in place of section 35, I am forced to ask myself what the government’s actual intentions are toward recognition of Indigenous ownership and jurisdiction over British Columbia’s public and private lands?

I find myself wondering if the vast majority of British Columbians believe that reconciliation should be based on a non-binding UN Declaration and government’s apparently broad interpretations of it, or would they more likely believe that reconciliation should be firmly based on the foundation of Canadian constitutional law?

UNDRIP does not balance the stated human rights of Indigenous peoples with the rights of other Canadians.  Section 35 case law does a surgical job of ensuring that balance is maintained while protecting vital core Aboriginal and Treaty rights.

I have read the NDP election platform on this topic.  I see absolutely nothing in it to indicate to me that a re-elected NDP government is actually committed to implementation of UNDRIP in a manner that is properly consistent with Canadian constitutional law. In fact, I find the  “commitments” in it to be so intentionally vague as to be meaningless.

 I certainly see nothing in it that persuades me that the divisiveness of calling British Columbians “settlers” on “stolen” Indigenous lands is going to stop.  Is this what reconciliation with UNDRIP as the framework means for British Columbia society?

If so, then in my view it is nothing but a recipe for societal divisiveness in this province.  I think public acceptability of the attempted amendments to the Land Act speak volumes in this regard.

As a lawyer of many years experience advising provincial governments in this province on Aboriginal law and who has worked for reconciliation for over 30 years, I have been dedicated to the belief that section 35 provides the proper basis for reconciliation in Canada.  The government’s interpretations of UNDRIP to date have done nothing to convince me otherwise.

For more, click here and listen to Bob Mackin’s interview with Geoffrey Moyse on thePodcast.

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Guest commentator: Geoffrey S. Moyse As a now-retired

Briefly: Someone in Premier David Eby’s office mixed-up social media messages in memory of the Holocaust with the anniversary of a mass-shooting at a Quebec mosque. The incident attracted international media attention as the Israel-Hamas war raged on the other side of the world. B.C.’s independent FOI watchdog has dropped an investigation into deletion of records about the incident.

Bob Mackin

B.C.’s Office of the Information and Privacy Commissioner (OIPC) refused to interview staff in NDP Premier David Eby’s office over the deletion of records about a social media mixup that gained international media attention during the Israel-Hamas war.

David Eby’s Jan. 27 error on X. (@Dave_Eby)

Instead of correctly recognizing Jan. 27 as the International Holocaust Remembrance Day, Eby messages on X, formerly Twitter, and Instagram said “we stand with the Muslim community throughout Canada on this sorrowful day of remembrance.”

That message should have run Jan. 29, the day of action against Islamophobia and anniversary of the 2017 killing of six people at a Quebec City mosque.

During a Jan. 29 visit to Ottawa, Eby apologized and called the incident unacceptable. But he refused to discuss what he considered a personnel matter.

Instead of correctly recognizing Jan. 27 as the International Holocaust Remembrance Day, Eby messages on X, formerly Twitter, and Instagram said “we stand with the Muslim community throughout Canada on this sorrowful day of remembrance.”

That message should have run Jan. 29, the day of action against Islamophobia and anniversary of the 2017 killing of six people at a Quebec City mosque.

During a Jan. 29 visit to Ottawa, Eby apologized and called the incident unacceptable. But he refused to discuss what he considered a personnel matter.

“I understand that you believe there should be records responsive to your request: however, the OIPC has no authority to compel a public body to explain why it does not have a copy of records that an applicant believes should exist,” Graves wrote in an email on Oct. 1, eight days before he closed the file.

In fact, the law does give the OIPC the power to order someone to answer questions under oath or affirmation and to hand over records. It did so when previous commissioner Elizabeth Denham found evidence in 2015 of mass-deleting throughout Christy Clark’s BC Liberal government.

NDP amendments to the law make it an offence to wilfully mislead or obstruct the OIPC or wilfully evade the public records law. The maximum fine upon conviction is $50,000.

The OIPC is officially an independent office of the Legislature, but it relies on the finance and government services committee to approve its annual budget. In 2023-2024, the OIPC reported $10.8 million in operating expenses. Eby’s office, by comparison, was allotted $17 million for the current fiscal year.

Until the Legislature dissolved Sept. 21 and the election was triggered, the NDP held a majority on both the committee that approves OIPC budgets and in the Legislature.

Former Newfoundland and Labrador commissioner Michael Harvey began his six-year term as the B.C. commissioner in May, succeeding Michael McEvoy.

The Green Party promises to do away with the $10 tax on FOI applications, imposed by the NDP in 2021. The Conservatives say in their platform that they will enact reforms “to achieve such a high level of voluntary and mandatory disclosure that FOIs can become obsolete. It’s time to bring government our of the shadows.”

FOI is not mentioned in the NDP platform. Its one-page response to a B.C. Freedom of Information and Privacy Association questionnaire said: “We’re going to keep being transparent and making sure the system works for people.”

In January, McEvoy reported that the NDP government illegally exceeded FOI deadlines in 5,100 cases between 2020 and 2023. By the 2022-23 fiscal year, applicants were forced to wait an average 192 additional business days for a response from the government.

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Briefly: Someone in Premier David Eby’s office

Briefly: With election in sight, the Eby NDP government bowed to Conservative pressure in late July and ended the two-dose minimum for healthcare workers.

Bob Mackin

NDP leader David Eby borrowed a page from Justin Trudeau’s 2021 Liberal campaign playbook and made vaccination against COVID-19 a wedge issue on the way to the Oct. 19 election day.

Eby frequently targeted Conservative leader John Rustad for his perceived vaccine hesitancy and meetings with activists opposed to COVID-19 vaccination.

Premier David Eby getting vaccinated in 2023 (Eby/X)

Responding to Eby’s allegations that he is a “conspiracy theorist,” Rustad defended himself on the Oct. 8 televised debate as “triple vaccinated.”

“The reality is in British Columbia, I also promoted and supported people getting vaccines, especially for seniors, especially for seniors in our communities,” Rustad said. “I was supportive of that. However, I am not anti-vax. I am anti-mandate. I believe that people should have choice. It shouldn’t be thrust upon them and forced upon them.”

During the last, pre-election session of the Legislature, Rustad took up the cause of unvaccinated healthcare workers. He declared victory on July 26 when the NDP government finally ended the two-dose mandate and declared the COVID-19 public health emergency over.

That was just two weeks after Eby rejected Rustad’s calls to lift the mandate. “There’s a very different approach to public health between our party and John Rustad,” Eby said on July 12 in Surrey.

“In 2024 alone, British Columbia witnessed the closure of 188 emergency rooms due to staffing shortages, with rural areas being hit the hardest,” Rustad said, calling it a direct consequence of the mandate.

During the 2021 federal election, theBreaker.news canvassed Trudeau’s B.C. team. Of the 42 candidates, nine showed proof of vaccination with a provincially issued card and four sent social media links. Another eight claimed directly or through aides to be fully vaccinated, but they did not provide proof. Staff of West Vancouver-Sunshine Coast-Sea-to-Sky Country incumbent Patrick Weiler refused to prove he received a second dose.

The rest did not respond.

Who got the shot?

Fast forward to the 2024 B.C. election. theBreaker.news emailed a questionnaire to the addresses listed on NDP candidate websites, asking whether each of the 93 had received two or more doses of a COVID-19 vaccine. If so, when and where?

Only one of the 93 NDP candidates running for office responded: Vancouver-Mount Pleasant incumbent Joan Phillip.

“Yes, I have received all my shots of Moderna,” Phillip said by email. “March 23, 2021, May 31, 2021 and Dec 22, 2021 through the Penticton Indian Band.”

Eby did not respond, though he has had at least two doses.

On Nov. 24, 2023, he posted a photo from the UBC Pharmacy where he said he received both COVID-19 and flu shots.

On Jan. 12, 2022, this reporter was coincidentally behind Eby in line at the Vancouver Convention Centre COVID-19 mass-vaccination clinic and briefly spoke with him afterward.

The questionnaire also asked NDP candidates whether they favoured holding a judicial public inquiry to examine B.C.’s pandemic response, in order to be better prepared for the next one. Phillip did not respond to that question.

The federal Liberal government refused to conduct a judicial public inquiry, but will open a new agency, Health Emergency Readiness Canada.

In July 2023, the BMJ called for a national public inquiry due to the 52,750 deaths across Canada as of mid-2023. Canada’s death rate exceeded the global average.

Eby took over the majority NDP government in November 2022 from John Horgan, who called a snap election one year before the legislated election date and two months before vaccines started to arrive in B.C.

Between Sept. 21, 2020, the day the election was called, and Oct. 22, 2020, the last update before the Oct. 24, 2020 election day, 4,049 new COVID-19 infections were announced. At the time, that accounted for more than a third of all B.C. cases.

Meanwhile, the fall 2024 COVID-19 and flu vaccination campaign launched with unusually little fanfare. Government must take a break from communicating with the public during an election, except to promote or advertise important matters of public health and safety.

Everyone six months or older can get the shots at the same time. More information at the ImmunizeBC.ca website.

The virus remains a public health threat across Canada. University of Toronto Associate Prof. Tara Moriarty, who maintains the Canadian COVID-19 Hazard Index, reported Oct. 14 that B.C. had a severe rating, based on infections and spread, healthcare system impact and mortality.

The index estimated COVID-19 was spreading at the rate of 28,000 new infections every day in B.C.

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Briefly: With election in sight, the Eby