March 1, 2005

Restructure Legislative, Executive and Judicial Power

Reform BC invites you to explore the fifth issue that the Party will bring into the May 17, 2005 election campaign.

A Reform BC government will restructure and rebalance the provincial government by using the online tools of the information age to bring clarity, accountability and separation to the Legislative, Executive and Judicial powers.

A Reform BC government believes that all people, including lawmakers and other government officials, should be equal before the law and those who make laws, execute laws or interpret laws bear equal responsibility to the people who respect and obey the law

A Reform BC government believes in the common sense of the common people, their right to be consulted on public policy matters before major decisions are made, and their right to democratically elected governments that have the freedom to govern and the responsibility to promote the general well-being of citizens by enacting legislation which reflects the will of the people.

A Reform BC government will insure that whatever the Legislature has manifestly done shall not be undone by judicial review.

A Reform BC government will pay equitable salaries and benefits to Members of the Legislative Assembly, Deputy Ministers and Provincial Court Judges and remove the discipline and policing power over lawyers from the Law Society of British Columbia to create a special body of police, prosecutors and forensic specialists to discipline and police lawyers who engage in fraudulent conduct.

A Reform BC government will establish an independent judicial council consisting of legislators, lawyers and retired judges to oversee the Justice Institute of B.C. and related organizations to ensure that the training of provincial justice and public safety agencies is consistent with the 1960 Canadian Bill of Rights. The Justice Institute will not be permitted to develop strategies to deal with scenarios such as emergency response procedures, arrests or riots where those strategies violate - or risk violating - the "right of the individual to life, liberty, security of the person and enjoyment of property."

A Reform BC government will establish an independent judicial council consisting of legislators, lawyers and retired judges to review complaints about the conduct of judges. Judges will not be permitted to judge themselves when citizens complain.

A Reform BC government will review the procedure for selecting Chief Judges and their Assistants. Chief Judges and Assistant Chief Judges of the Court of Appeal of British Columbia, the Supreme Court of British Columbia and the Provincial Court of British Columbia may be elected by their colleagues in periodic elections.

Supreme Court Justice Mr. John Bouck first proposed such reforms in a series of articles published in the Globe and Mail, circa 1998. Bouck's reforms are intended to curtail political influence over the control currently exercised through the offices of the Chief Justices who assign judges to particular cases.

Mr. Justice John Bouck of British Columbia said: "They are accountable to no one ..."

Mr. Justice David Marshall of Ontario said: "Every increase in power to a Chief Judge over others might be seen as a threat to judicial independence."

Judge Timothy Daley of Nova Scotia stated: "The opportunities for interference exist because of the unique nature of the chief judge's administrative authority and investigative, disciplinary and supervisory duties."

A Reform BC government will move to a system of local selection of Provincial Court judges and, eventually, move to a system of elected local provincial court judges. Elections would coincide with local municipal and regional district elections and candidates would have to meet minimum standards. Superior and Appellate Court judges would continue to be appointed by the federal government.

A Reform BC government will reform the legal aid scheme to prevent abuses, which cost taxpayers millions of dollars they now pay to fund criminal defense lawyers.

A Reform BC government will introduce legislation requiring criminals to disgorge the proceeds of crime and will lobby the federal government of Canada to use its influence to close down offshore tax havens where Canadian criminals and tax cheats hide their loot.

A Reform BC government will adopt the measures recommended by the report by all attorney generals of Canada's ten provinces and two territories to prevent miscarriages of justice. These measures will curb wrongful convictions that cost taxpayers millions of dollars by imposing sanctions on Crown Counsel who do not treat accused persons fairly and in accordance with mandatory standards.

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For More Information contact:
Ron Gamble, President of Reform BC: 604-980-7779
David Hawkins, Forensic Economist at Hawks' CAFE: 604-542-0891