50 Years of Freedom

Celebrating 50 Years of Freedom

The BCCLA successfully challenged BC's electoral boundaries in BC Supreme Court.

The boundaries were declared to be in violation of the right to vote guaranteed by section 3 of the Charter.

New boundaries were established for the next provincial election.

Based on the same censorship concerns at play in the

Little Sisters bookstore problem, the BCCLA intervened in a Manitoba case where a video store owner was appealing an obscenity conviction.

The Court held that the prohibition against pornography contravened the freedom of expression guarantee in section 2(b) of the Canadian Charter, but went on to hold that the section could be justified under section 1 as a reasonable limit.

In the result, the provisions were upheld.

2010s

The Legal

Observer Program

Challenging the Criminal Laws

Against Medically Assisted Dying

BCCLA & John Howard Society Challenge Solitary Confinement

The BCCLA filed a lawsuit in April 2011 to challenge the laws that make it a criminal offense to assist seriously and incurably ill individuals to die with dignity.

On June 29, 2011, Gloria Taylor asked to be added as a plaintiff in the BCCLA’s death with dignity lawsuit.

In response to concerns about crackdowns on freedom of speech and expression, the BCCLA began Olympics-related advocacy, including the launch of the Olympic Legal Observer Program to monitor the activities of the police and security personnel.

The Braidwood Inquiry

Gloria Taylor: “I’m asking the court to change the laws in Canada so that all Canadians, including myself, have the right to die with dignity...I should be able to make the choice about how much suffering to endure, based on my own beliefs and values."

"All of my life, I’ve been a supporter of the dying with dignity movement. I strongly believe that all Canadians like me should have the choice and comfort of aid in dying. It doesn’t make any sense that it’s legal for me to commit suicide, but it’s illegal for someone to help me to die at peace, without pain, in the comfort of my home, with family and friends surrounding me.”

Robert Dziekanski died in 2007 at the Vancouver International Airport after being tasered five times by

RCMP officers.

The BCCLA was the only public interest group to

participate in the inquiry, arguing that the practice of police investigating police-related deaths must come to an end.

Lee Carter and her husband Hollis Johnson are two of the individuals who are joined by the BCCLA in the lawsuit. Lee and Hollis accompanied Lee’s 89-year-old mother, Kathleen (“Kay”) Carter to Switzerland in January 2010 to end her life.

Commissioner Braidwood's report, released in June, 2010, agreed with the BCCLA that the officers use of force was excessive and unwarranted. The report also supported our longstanding position that every serious injury and death that is police related should be independently investigated by a civilian investigative agency.

“My mother, Kay, was a lifelong supporter of the dying with dignity movement. She lived her life with passion, independence and resolve, and her independence extended to insisting that she would have choice and control over how she would leave this world. My mother was a great lady, and I feel like I am honouring her memory by participating in this legal challenge.” -Lee Carter

BCCLA Celebrates the Supreme Court's Insite Ruling

In 2015, the BC Civil Liberties Association partnered with the John Howard Society of Canada on a groundbreaking lawsuit challenging the constitutionality of solitary confinement practices in Canada's federal prisons. In this historic case, the BCCLA is arguing that solitary confinement as it is currently practiced in Canada constitutes cruel and unusual punishment and is discriminatory towards Aboriginal people and people with mental health issues.

The future of InSite, Vancouver’s supervised injection site, was revealed in September 2011 by the Supreme Court of Canada.

In a 9:0 decision, the Court struck down the federal government’s 2008 decision to deny InSite a special exemption from criminal law; determining that the refusal to grant the exemption was unconstitutional because it compromised the health and safety of drug users in Vancouver’s Downtown Eastside.

The BC Civil Liberties Association has been involved as an intervener before the courts on the issue since 2008.

Gloria and the Carter family's legal challenge was heard in late 2011.

We await the court's decision on the right to a death with dignity.

1962-2012

Our Founders

Soon followed by James Foulks, Head of the Department of Pharmacology at UBC

The BCCLA's first President was a Vancouver Unitarian minister, Philip Hewett

2009

2004

Victoria v. Adams

1970s

2000s

The BCCLA intervened in the challenge to the City of Victoria's bylaws that prevented homeless individuals from erecting shelters to protect themselves from the elements when sleeping outside.

The BC Supreme Court agreed, holding that denying homeless individuals a place to sleep and the ability to protect themselves from the elements was a violation of their Charter rights to security of the person under s. 7.

Along with 22 other

interveners, the BCCLA

participated in the reference

by the federal government

of proposed same-sex marriage

legislation to the Supreme Court of Canada.

The Court declined to rule whether limiting marriage to opposite-sex couples was unconstitutional. By doing so, the Court thrust the question back into the political arena

1972

1971

1972

2000

2007

The BCCLA successfully appealed the conviction of The Gallimaufry Players, who were charged with obscenity for their performance in Michael McClure's play "The Beard." The hearing was Vancouver's last obscenity trial.

When police on horseback caused a riot by storming a crowd of young people protesting drug laws in Gastown, the BCCLA stood up to defend the rights of the protestors to free assembly.

In 1972, the BCCLA began advocacy demanding a change in the Immigration Act to remove homosexuality as a ground for exclusion from Canada.

In 1976 the Act was changed.

The BCCLA published the first issue of "The Democratic Commitment"

Forty years later, the newsletter is now published biannually and is received by thousands electronically and in hard copy.

2003

Amnesty International & BCCLA v. Chief of Defense

New Westminster Exclusion by-law banned those convicted of street drug trafficking from sections of the city.

The BCCLA launched a successful Charter challenge to repeal the by-law.

The Original Canadian Civil Libertarians

2009

The BCCLA helped create a new provincial law, the Personal Information Protection Act (PIPA), designed to regulate the collection, use, and disclosure of personal information in the private sector.

1978-1979

1974

The BCCLA and Amnesty brought an injunction against the Ministry of National Defense, Chief of the Armed Forces, and the Attorney General to halt the transfer of Afghan detainees to Afghan authorities.

The judge dismissed the motion when, days before the hearing, the Ministry of National Defense announced that it had secretly stopped transferring detainees months before.

1973

2005

The Heroin Treatment Act, which forced "addicts" into drug treatment, was introduced in BC. The BCCLA launched an action with Jim Dybikowski that, in 1979, resulted in a judge striking down the Act.

Although the decision was ultimately overturned in the Supreme Court of Canada, the case reflected the rising prominence, and litigation power, of the BCCLA.

The BCCLA intervened before the US Supreme Court

on behalf of Canadian child soldier Omar Khadr to challenge his detention at Guantanamo Bay, Cuba.

Most recently, the BCCLA intervened again for Khadr at the Supreme Court of Canada where the Court ruled that the Government of Canada had violated his Charter rights.

The BCCLA continues to press for Khadr's return to Canada.

Kempling v BC College of Teachers

The BCCLA joined Lavell and Bedard to oppose the discriminatory loss of Indian Status by First Nations women who married non-status men.

The provision was not changed until 1985.

Non-status grandchildren continue to fight to have their maternal heritage recognized.

2003

2001

The BCCLA insisted on the repeal of provisions of the Factories Act that allowed discrimination against women if the job required lifting more than 35 lbs, or the workplace had to add separate washrooms.

The Hughes' report into RCMP misconduct, regarding the pepper spraying of demonstrators at the APEC Conference, was released.

Mr. Hughes agreed with the BCCLA that demonstrators' constitutional rights were violated by the police's use of pepper spray, removal of demonstrators' expressive materials, and strip searches.

The BCCLA intervened before the BC Court of Appeal to argue that free speech has its limits for government actors. Chris Kempling was a public school counselor and vocal opponent of gay pride parades and homosexuality.

The BCCLA argued that the right of public servants to freedom of expression outside the workplace is constrained by their professional and public duties.

Those responsibilities are especially compelling when they involve the equality rights of vulnerable minorities like gay and lesbian youth.

The Court agreed and an upheld the authority of the College to sanction Mr. Kempling for conduct unbecoming of the profession.

The BCCLA worked to establish a public inquiry to determine the extent to which Canadian agencies contributed to Maher Arar's torturous ordeal in Syria

2007

2005

The Beginning

May v. Ferndale Institution

2002

The BCCLA participated in the

provincial public inquiry into the death of

Frank Paul, who died of hypothermia after police left him in a Downtown Eastside alley in 1997.

The Commissioner of the Inquiry agreed with the BCCLA that the system of police investigating police in BC must end.

The BCCLA intervened in Chamberlain et al. v. The Board of Trustees of Surrey

The BCCLA intervened in support of a major victory for the ancient legal remedy of habeas corpus, which guards against unlawful detention or imprisonment.

The Supreme Court of Canada agreed that if inmates are obliged to proceed through federal court before using the remedy, the ancient writ would be null and void.

(cc) image by jantik on Flickr

2002 March

In a clear majority (7:2),the Supreme Court of Canada decided that the school board was unreasonable in their refusal to approve three books that portrayed families parented by members of the same sex.

The BCCLA was born in 1962 amidst a controversy with disturbing parallels to current public debates about the rights of people accused of terrorism.

In March 1962, RCMP officers raided the town of Krestova (Kootenay region) to arrest 57 members of the Doukhobor community, and charged them with conspiracy to intimidate the Parliament of Canada and the Legislature of British Columbia.

Outraged by the excessive charge, a group of people came together at the University of British Columbia to create an organization to advocate for civil liberties and human rights in British Columbia.

Thus was born the BCCLA.

1984

1989

1980s

The BCCLA headed to Canada's top Court to challenge the use of writs of assistance under the Narcotic Control Act entitling police to enter any dwelling to search for drugs, without a warrant.

Writs of assistance no longer exist in Canadian law.

1990s

1999

1995

Launched the "Freedom of Expression Project" : The BCCLA's long-term commitment to challenge those laws in Canada which restrict the free flow of ideas and images.

In 1991, the Project consisted mainly of two important court cases: the ongoing preparation of the Little Sisters case, and the intervention in the appeal of R. v Butler to the Supreme Court of Canada.

R. V. Sharpe-

Little Sisters Book and Art Emporium V. Canada

1980

Little Sister's Book and Art Emporium is a bookstore in Vancouver, BC that sells LGBTQ literature. It imports most of its material, causing trouble at the border when the material was classified as obscene and refused entry.

From1986 to 1990 the bookstore and the BCCLA tried unsuccessfully to get Canada Customs into court to defend its censorship practices, but the government kept conceding on the eve of trial.

Robin Sharpe was charged with possession of child pornography for,

among other things, private stories he had written and pictures he

had drawn in his personal journal.

Sharpe challenged the constitutionality of the law on the grounds that

it violated his rights to privacy and freedom of expression.

The BCCLA intervened to protect people's rights to write and draw the products of their imagination, no matter how offensive to others.

In 1990, noted constitutional lawyer Joseph Arvay, Q.C. took on the case, and we launched a frontal attack on Canada Customs’ power to censor material as it came across the border.

The bookstore challenged the section of the Customs Act which prohibited the importation of obscene material, as well as a section of the Act that put the onus on the importer to disprove obscenity.

In 1994, we spent 40 days in the BC Supreme Court, with testimony from over 30 witnesses including such literary figures as Pierre Berton, Jane Rule and Nino Ricci.

That trial ended with a partial victory for the bookstore when Justice Smith found that Canada Customs’ had repeatedly infringed the Charter rights of the plaintiffs with arbitrary and inconsistent seizures of books and magazines, and systemic discrimination against lesbian and gay materials.

However, the Court held that Canada Customs was justified in this infringement under section 1 of the Charter.

In 1998, in a 2:1 decision, the BC Court of Appeal upheld the lower court decision by refusing to strike down the law giving Customs its censorship powers.

In 2000, the case would proceed to the Supreme Court of Canada.

In a 6:3 decision, the Supreme Court of Canada upheld the ruling of the trial judge and found that though the law violated section 2, it was justified under section 1. The law was thus saved.

However, the court found that the way the law was implemented by customs officials was discriminatory and should be remedied.

After discovering that the Abbotsford School Board required the "theory of divine creation" be taught in schools, the BCCLA successfully sought an intervention by the Ministry of Education which put an end to the practice.

1998

1990

1994

2000

1986

1983

The BCCLA recommended the Young Offenders Act should be changed to make special provision for the protection of the civil rights of children.

The BCCLA argued that the Federal Government necessarily had to interfere with provincial and municipal government powers to ensure that special legal rights for young people were protected.

1999

1996

1989

1990

+

1984

The First Annual Reg Robson Civil Liberties Award was given to Janine Fuller, Manager of Little Sisters.

The BCCLA moved to the Shelley Building on West Pender.

We also got our first "word processor" and photocopier and marveled at the cost and labour saved!

R. V. Butler

The BCCLA published John Russell's Liberties to commemorate BCCLA's 25 years of work.

The award honors Reg Robson, a key figure

in the early history of the B.C. Civil Liberties

Association. One of the founders of the association, Reg sat on

the Board of Directors well into the 1980s and served in various executive positions including Executive Secretary (1969-1972, 1978), President (1972-5, 1980-2) and Treasurer (1975, 1979).

The BCCLA objected to billing demonstrators for police services.

Bowing to pressure, the Vancouver Police Department and the City of Vancouver backed off on its policy of charging demonstrators for the cost of police services during political demonstrations.

The BCCLA successfully fought the provincial government's attempt to remove abortion from coverage under the Medical Services Plan.

Reg was the public face of the BCCLA during the October Crisis, oversaw the creation of new rights associations across British Columbia, and would be a key player in the Association’s most active campaigns, including accountability for police actions during the Gastown riot and challenging the Heroin Treatment Act.

"Liberties might be the most entertaining and enlightening nonfiction of the season for those who like their issues big, their history controversial and their wit dry."- Vancouver Sun

1980

1994

1999

1997

The BCCLA intervened in a case against the B.C. College of Teachers who refused to recognize the teaching certification of Trinity Western University because they taught Christian beliefs about homosexuality.

The BCCLA intervened in the

Elections Act of BC case to argue

against limits on third party spending

during elections and limits on the

publishing of opinion polls.

The Supreme Court of British Columbia sided with the BCCLA's position, striking down the limits and restrictions.

Euthanasia Brief: A Department of

Justice grant awarded to the BCCLA

resulted in a brief detailing the legislative

options around assisted suicide.

In a preview of our 2012 case with Gloria Taylor and the Carter family, the BCCLA argued that only the elimination of criminal sanction and the adoption of a regulatory approach was appropriate.

BCCLA argued this disadvantaged TWU grads based on their religion. The Court agreed and ordered accreditation.

The BCCLA was consulted on the proposed

Charter of Rights and Freedoms, and argued for:

• The addition of key rights for Indigenous peoples

• The inclusion of sexual orientation, political belief, and former criminal convictions as prohibited grounds for discrimination

When finally signed into law, the Charter included s.35, the Rights of Aboriginal Peoples. It took several years for the Supreme Court of Canada to recognize sexual orientation as a prohibited ground.

1988

1994

1997-1999

1998

The BCCLA persuaded the BC Supreme Court that s.164 of the Schools Act, which required the mandatory reading of the Lord's Prayer, was unconstitutional.

R. v. Cuerrier

1994: The BCCLA first published The Privacy Handbook: A Practical Guide to Your Privacy Rights in B.C. and How to Protect Them, which is still available (but updated) online.

Former BCCLA Board Member Craig Jones was arrested for holding a sign that reads "Free Speech" at the Asia Pacific Economic Cooperation (APEC) Conference held at UBC in November, 1997.

The BCCLA would go on to hold the RCMP accountable in the public and the media throughout the conference and during the Hughes Inquiry that followed.

The BCCLA intervened at the Supreme Court of Canada in the case of a man

charge with aggravated assault for having unprotected sex with a woman,

while knowing he was HIV-positive.

In its decision, that court agreed with the BCCLA's submissions that:

• criminalizing such behaviour -- no matter how despicable --

could thwart public health initiatives to slow the spread of the disease;

• to characterize the sexual relationship in this case as non-consensual would

make too broad the areas of human interaction subject to criminal charges.

However, the Supreme Court still granted the Crown's appeal, holding that where deceit places a sexual partner at risk of serious bodily harm criminal sanctions are appropriate.

1997: The BCCLA published The Citizenship Handbook: A guide to rights and responsibilities for new Canadians. Over 10 000 copies have been distributed.

(cc) image by jantik on Flickr