“All truth passes through three stages.
First it is ridiculed, second it is violently opposed,
and third, it is accepted as self-evident.”
- Arthur Schopenhauer German Philosopher 1788-1860
The Constitution of British Columbia will be constructed in two stages
Introduction to the first stage
This first stage of the Constitution for BC is a bare nucleus suitable for adoption by a provincial government as the groundwork on which the People of BC can later build a full BC Constitution in the second stage.
This first stage provides two vital foundation stones:
- 1. It guarantees fundamental Political Rights to the people of BC, rights which do not legally exist in BC at present (2004).
- 2. It embeds the mechanism by which the People will retain full control over the levers of power; a mechanism presently available to the electorate of only one other country in the world.
This embryo constitution, when enacted simultaneously with the BC Direct Democracy Act, by a Refederation Party of BC government within 100 days of taking power in BC, will ensure the control by citizens over the subsequent building of a full BC constitution for approval by the electorate.
An important element in the Constitution of British Columbia is the requirement for a double majority in referendum votes, which prevents the domination of BC by any one region or interest group (see Article 12 of the Constitution, below)
Foreword
The following text of the first stage of the Constitution of British Columbia is the text of one section only of a full constitution - it is the section of the proposed new BC Constitution which pertains to Political Rights of the people of BC. It consists of Chapters One and Two of the full constitution only. It does not concern itself with the rest of the Constitution of British Columbia, which will be built later by the people of BC in Constitutional Assembly (Chapter Three onwards). This first stage will be decreed by a Refederation Party of BC government, and will be promptly submitted for approval by a referendum vote of the electorate. Approval by the electorate will legitimize the Constitution of BC and will be the first of two steps towards a de jure (lawful) government in BC.
How to read this first stage of the Constitution of British Columbia (below)
This first stage gives the citizen of British Columbia political rights. At present no one except the Lieutenant Governor has any political rights in BC. These new political rights of the citizen, when enshrined in the Constitution of British Columbia, can never be lawfully taken away without voter approval. Below is a summary of the first stage, and then the text. After the text of each Article of the constitution below, is a paragraph of explanation. In general, the form of this BC constitution follows the form of the 150 year old Swiss constitution as it was revised in 1998. It contains 150 years of experience in dealing with the political rights of required and optional initiative and referendum. There is NO experimentation proposed here. However, where the Swiss version refers to Cantons, the word “Regions” has been substituted for BC, on the assumption that safer voting results are obtained with a double majority. Without the double majority of People and Regions, the Vancouver area, for instance would be able to outvote the rest of BC. If BC were to be divided into 7 or so regions for voting purposes, that does not imply the setting up of 7 regional governments - it is merely a voting procedure to prevent the domination of BC by any one area at voting time. [”To think clearly is a political act”]
A Summary or overview of the first stage of the Constitution of British Columbia
Chapter 1 - The Doctrine of the Supremacy of the People
Article 1 - This is the declaration of a new Doctrine in BC - The doctrine of the Divine Right of Kings and the doctrine of the Supremacy of the Parliament and of the Supremacy of the Legislature are replaced. This makes true democracy possible in BC for the first time.
Chapter 2 - Political Rights in British Columbia
Article 2 - Total or Partial revision of the Constitution - New rules for how the people may amend their constitution.
Article 3 - The Obligatory Referendum - Matters which must go to a popular vote.
Article 4 - Entitlement to vote - Who has political rights in BC. (Note: prior to this constitution, no person has political rights in BC - only permission - read the present BC Constitution Act)
Article 5 - Popular Initiative for the total revision of the Constitution of British Columbia - How the people may revise the entire constitution.
Article 6 - Popular Initiative for the partial revision of the Constitution of British Columbia - How the people may amend parts of their constitution. (More likely to be used than a complete revision.) [Future Article 7 - Popular Initiative for Treaties and international agreements ] How the people may decide which treaties and international organizations BC will belong to. This article will only be activated in the event that the BC electorate later votes for fuller BC autonomy.)
Article 7 - Popular Initiative for the creation of new laws - How the people may require government to pass laws.
Article 8 - Popular Initiative for the amendment or repeal of regulations written to implement laws - Regulations may at times result in situations unintended by the legislation, and legislators have admitted that they are helpless to change regulations once written. This article may never be used, but for thoroughness it is included to prevent government by the bureaucracy.
Article 9 - Popular initiative on provincial government actions - Government action can significantly affect BC society without legislation. This article empowers voters to go to referendum when considered necessary.
Article 10 - Popular Initiative to implement Direct Democracy at the Municipal level. - Each municipality may choose a form of Direct Democracy at the municipal level.
Article 11 - The Optional Referendum - This is the “watchdog” mechanism. This is how the people retain control over government at all times. By means of the optional referendum almost 100% of governance is consented to by the people, without action on their part.
Article 12 - Required majorities - Swiss experience has proved that simple majorities coupled with double majorities are adequate.
Article 13 - Transition - For this first stage of the Constitution of British Columbia to be decreed by government, the existing statute “BC Constitution Act” must be amended. This is best accomplished by enactment of a “BC Constitutional Powers Transition Act”.
Article 14 - Voter Awareness - Steps must be taken to keep future BC voters aware of their political rights, so that they are never persuaded to relinquish them.
Text of The Constitution of the Province of British Columbia 2005 AD
Chapter 1: Doctrine of the Supremacy of the People
Article 1: The archaic doctrine of the Divine Right of Kings and the current doctrine of the Supremacy of Parliament and the Legislature are not recognized in British Columbia. British Columbia accepts the doctrine of “The Supremacy of the People”, and declares the Creator-given rights of Natural Persons to be the sole source of all rights in British Columbia. The decision of the voters of British Columbia as expressed in a legally conducted vote is supreme.
(Explanatory note) In Article 1 above, a new doctrine is enunciated for the first time, which gives formal acknowledgement to the proper source of rights in a political unit such as a province of Canada.
Chapter 2: Political Rights in British Columbia
Article 2: Total or Partial Revision of the Constitution of British Columbia
A. The BC Constitution may at any time be subjected to a total or partial revision.
B. A total or a partial revision may be requested by the People, or proposed by the BC Legislature.
C. The BC Constitution revised wholly or in part becomes effective as soon as it is accepted by the People and the Regions.
(Explanatory note) Article 2 above follows the Swiss wording.
Article 3: Obligatory Referendum
A. The following will be submitted to the vote of the People and of the Regions:
1. Total and partial revisions of the BC constitution.
2. Proposed entry of BC into organizations for collective security or into supranational communities.
3. Proposed signing by BC of political, or monetary, or economic, or social treaties, both domestic and international.
(Explanatory note) In Article 3 above most of the Swiss matters that must automatically be sent to a popular vote are included - and in addition the list was enlarged for BC, to cover all treaties.
Article 4: Entitlement to Vote
Persons who may vote
A. The word “person” refers to a Natural Person, throughout this Constitution.
B. All Canadian citizens, 19 years of age or older, who have been a resident of BC for at least 1 year, have political rights in BC. All have the same political rights and duties.
C. All persons who are not disqualified may vote in Provincial, Regional, and Local elections, and may launch and sign popular initiatives and referendums.
Persons who are disqualified from voting
D. The following persons are disqualified from voting:
1. Persons who are imprisoned in a penal institution serving a sentence of two years or more.
2. Persons who are under guardianship because of mental illness or weakness.
(Explanatory note) 4 (B) and 4 (C) above are Swiss wording, but voting age and residency requirement are arbitrary suggested figures for BC. 4 (D) (1) is wording from the present BC Election Act. 4 (D) (2) is Swiss wording.
Initiative and Referendum
Article 5: Popular Initiative for Total Revision of the BC Constitution
A. 100 000 persons who are entitled to vote may propose a total revision of the BC Constitution. This proposal will be submitted to the People and to the Regions for approval. If the People and the Regions approve, the Legislature will promptly present a revised BC Constitution for the approval of the People and the Regions.
B. The time limit for gathering signatures will be set by law.
[Article 5 results are are binding on government of course, as are all referendum decisions. The populations of BC and Switzerland are roughly equal and 100 000 is a figure that currently works well in Switzerland. A total revision of a constitution is not frequent, but this paragraph gives the BC voters a mechanism in case it is needed. The last total revision of the Swiss constitution was 18 Dec 1998.]
Article 6: Popular Initiative for Partial Revision of the BC Constitution
A. 100 000 persons who are entitled to vote may propose a partial revision of the BC Constitution. The time limit for gathering signatures will be set by law.
B. The popular initiative for a partial revision may be in the form of a general suggestion or a formal draft.
C. If the BC Legislature approves an initiative proposed in the form of a general suggestion, it will prepare a partial revision in the sense of the initiative and submit it to the vote of the People and the Regions. If the People and the Regions approve the revision, the Legislature will promptly amend the BC Constitution accordingly.
D. An initiative in the form of a formal draft will be submitted to the vote of the People and the Regions. The BC Legislature may recommend its approval or rejection. If it recommends its rejection, it may submit its own counter-draft.
E. The People and the Regions will vote simultaneously on the draft and the counter-draft. Should one of the drafts obtain the majority of the People’s votes, and the other the majority of the votes of the Regions, then neither of them will come into force.
(Explanatory note) An Article 6 partial revision of a constitution is more likely, and this Swiss amending formula above will give BC voters a mechanism for making gradual improvements in their BC constitution as the need arises, with the People having the last word, not the government. The Swiss system of handling a partial revision has been retained for BC in deference to their experience - they seem to have found this “two choice” system necessary, and probably expedient. Again, the 100 000 figure for constitutional revisions is retained - it probably discourages frivolous initiatives, and the time allowed for signature gathering is made longer because of the higher number of signatures required for a constitutional revision. A law passed to implement this political right in BC would set the time allowed for signature gathering, and that law is subject to the optional referendum, so that the People control the threshold that makes the system workable or not.
Article 7: Popular Initiative for the Creation of new Laws, and the Amendment or Repeal of existing Laws.
A. 50 000 persons entitled to vote may propose a new law, or amendments to, or the repeal of, a BC law. This proposal will be submitted to the vote of the People and of the Regions.
B. The popular initiative for the amendment or repeal of a law, or the creation of a new law, may be in the form of a general suggestion or a formal Bill.
C. If the BC Legislature approves an initiative for the creation, amendment or repeal of a law proposed in the form of a general suggestion, it will prepare a Bill or an amendment in the sense of the initiative and submit it to the vote of the People and the Regions. If the People and the Regions approve the initiative, the Legislature will promptly pass the Bill or the amendment into law.
D. An initiative in the form of a formal Bill will be submitted to the vote of the People and the Regions. The BC Legislature may recommend its approval or rejection. If it recommends its rejection, it may submit its own counter-Bill.
E. The People and the Regions will vote simultaneously on the Bill and the counter-Bill. If the People and the Regions approve the initiative, the BC Legislature will promptly pass the Bill into law. Should one of the Bills obtain the majority of the People’s votes, and the other the majority of the votes of the Regions, then neither of them will come into force.
F. A Law, or an amendment to, or a repeal of, a law comes into force as soon as the People and the Regions approve the initiative.
(Explanatory note) The above article 8 allows the People to pass into law a Bill that the BC legislature refuses to pass. It also allows the People to amend existing laws and to repeal laws they find obnoxious (probably laws passed previously by governments elected by a minority of voters under the old system).
Article 8: Popular Initiative for the amendment or repeal of regulations written to implement laws
A. 50 000 persons entitled to vote may propose amendments to or repeal of regulations written to implement a BC law. This proposal will be submitted to the vote of the People and of the Regions.
B. The popular initiative for the amendment or repeal of a regulation may be in the form of a general suggestion or a formal amendment.
C. If the BC Legislature approves an initiative for the amendment or repeal of a regulation proposed in the form of a general suggestion, it will prepare an amendment in the sense of the initiative and submit it to the vote of the People and the Regions. If the People and the Regions approve the initiative, the Legislature will promptly implement the amendment or repeal.
D. An initiative in the form of a formal amendment will be submitted to the vote of the People and the Regions. The BC Legislature may recommend its approval or rejection. If it recommends its rejection, it may submit its own counter-amendment.
E. The People and the Regions will vote simultaneously on the amendment and the counter-amendment. If the People and the Regions approve the initiative, the BC Legislature will promptly implement the amendment. Should one of the amendments obtain the majority of the People’s votes, and the other the majority of the votes of the Regions, then neither of them will come into force.
F. An amendment to, or a repeal of, a regulation takes effect as soon as the People and the Regions approve the initiative.
(Explanatory note) This power to amend Civil Service regulations may never be used. For thoroughness it is included to prevent government resorting to regulations to evade the intent of citizen initiated laws. The bureaucracy write the regulations to implement the law, and experience has shown that these regulations can result in implementation contrary to the intent of the law (lawmakers have confessed on occasion that they are helpless to change regulations once written) So BC regulations will be subject to a popular initiative in Article 8 above in case the People find it necessary.
Article 9: Popular Initiative on provincial government action
A. 50 000 persons entitled to vote may propose a referendum on a proposed BC government course of action, or on a BC government course of action, which is of significant impact on the welfare of the People of BC. The success of an initiative petition constitutes the decision of the People about significance.
B. This proposal will be submitted to the vote of the People and the Regions. If the People and the Regions approve the proposal, the BC government will promptly implement the intent of the proposal.
(Explanatory note) The People’s right to vote on a government course of action is vital because serious economic and social changes in BC society may be made without new legislation. As an example, the BC government decision to use taxes to bring the 2010 Winter Olympics to BC will have repercussions that will last possibly 30 years, for good or for bad. Another example may be a situation similar to the BC government decision to privatize BC assets, such as BC Hydro. The BC electorate must have the right to give its collective judgement in such matters.
Article 10: Popular Initiative to implement direct democracy at the municipal level.
A. 1.25 % of the persons in a municipality entitled to vote in the previous municipal election may propose an amendment to the Municipal Act to institute, amend, or repeal a system of direct democracy in that municipality.
1. (B) A proposal to institute will indicate the system of direct democracy preferred by the municipality.
2. (C) The proposal will be submitted on the next voting date that allows a 90 day preparation time, to the vote of those eligible persons who have resided in that municipality for at least one year before the vote.
3. (D) The cost of the vote will be paid by the municipality.
4. (E) If the eligible voters approve the proposal, then within 60 days the government will amend the BC Municipal Act accordingly.
5. (F) The proposal will come into force on the date that the government amends the Municipal Act.
(Explanatory note) In accordance with the principle of Subsidiarity the voters of each municipality will be able to choose if they want direct democracy at the municipal level and which system they prefer. One single amendment to the Municipal Act will allow the setting up, and the regular amending, of a schedule to the Act. The BC Election Act will allow voting by citizens temporarily away from the municipality at the time of a vote. A simple register of residency will be kept by the municipality and made available to the Chief Electoral Officer.
Article 11: Optional Referendum
A. At the request of 50 000 persons who are entitled to vote, the following will be submitted to the vote of the People and of the Regions, and the BC government and courts are bound by the referendum decision:
- 1. The creation of a law.
2. Amendments to, and the repeal of, BC laws.
3. BC Emergency laws with a validity of more than one year.
4. Judgements of the BC Court of Appeal, or a lower Court, on questions of the constitutionality or interpretation of a BC law or regulation.
5. Judgements of the BC Court of Appeal, or a lower Court, in matters judged by the People to be of significance to BC society. The success of an initiative petition constitutes the decision of the People about significance.
6. “BC Orders in Council”, and BC government decrees.
(Explanatory note) To suit BC conditions the Swiss constitution is enlarged most in this Article 11 above. This is the section where the People of BC have the choice of vetoing any new legislation or of allowing it to come into force, as in Switzerland. However, under the present BC system a problem for the People occurs after a law is passed. It is logical that, if the People write and approve their constitution, and pass or veto laws made under their constitution, that their majority wish should not be set aside by a small group of lawyers (a court). So the final word on the constitutionality of a law should rest with the People, and decisions of the BC Court of Appeal on constitutionality should be subject to a popular vote if necessary. For the same reason, decisions of the BC Court of Appeal that are of the magnitude of social engineering should be subject to the popular will. For BC, an important addition to the Swiss constitution is the inclusion of BC Orders in Council which may have been abused in the past, and have been used to govern BC without consulting the BC Legislature. The requirement for an optional referendum here should end any abuse of this practice. Also, government decrees, if that practice were to start, would be sent to an optional referendum. Thus, all rules with the force of law in BC will come out of the Legislature after open debate, and will be subject to the People in the optional referendum.
Article 12: Required Majorities
A. The proposals submitted to the vote of the People will be accepted if a majority of those voting approves them. B. Proposals submitted to the vote of the People and the Regions will be accepted if the majority of those voting and the majority of Regions approve them. C. The result of a popular vote in a Region constitutes the vote of that Region. D. The boundaries of Regions will be set by law.
(Explanatory note) Article 12 above follows the Swiss experience. The setting of the boundaries of the BC regions by law will be subject to an optional referendum, thus avoiding “government gerrymandering”.
Article 13: Transition
A. The transfer of the supreme decision making authority in British Columbia from the Lieutenant Governor and the Legislature, to the People, will be controlled by the BC Constitutional Powers Transition Act.
(Explanatory note) The present authority used by the BC government to rule British Columbia is contained in a BC statute, not in a BC constitution. Article 13 above is necessary for a smooth adjustment from the power structure presently imposed on British Columbians by the BC Constitution Act. A BC Constitutional Powers Transition Act will be needed to amend parts of the BC Constitution Act until a full BC Constitution is approved by the electorate, and implemented.
Article 14: Awareness of Political Rights
A. For the proper education of future BC voters, Article 1 of The Constitution of the Province of British Columbia, 2005 AD concerning Political Rights in BC, will be read aloud to every student in every school in BC once each year, without omissions or commentary, by a teacher, either by class or in school assembly, and in a respectful atmosphere. B. The introduction prefacing these readings to the students will contain the fact of history that the Basic Political Rights of the People were required to be read aloud publicly each year after the English people won their rights in the Magna Carta - the same Common Law rights inherited by the Province of British Columbia.
(Explanatory note) The youth of BC should be made familiar with their political rights in society before reaching voting age. The historical account of the annual reading from the pulpit of the newly won Magna Carta rights in England describes sound practice.
The proposed article 7 (below) need not be included in the original first stage of the Constitution of BC. It will be available for activation and insertion into the Constitution of British Columbia in the event that the BC electorate votes for fuller BC autonomy)
7: Popular Initiative for Treaties and International Agreements A. 50 000 persons entitled to vote may propose the entry of BC into, or the withdrawal of BC from, the following:
1. International Treaties and agreements of any kind. 2. Membership in international organizations for any purpose. 3. Domestic treaties of any kind.
B. The proposal will be submitted to the vote of the People and the Regions. If the People and the Regions approve the proposal, the BC Legislature will promptly take the necessary steps to implement the proposal.
(Explanatory note) This article 7 is the initiative mechanism that allows the People to decide which treaties and international organizations BC should belong to. It is also the mechanism by which the People of BC can resign from the FTA, NAFTA, WTO, etc if they wish. It generally follows the Swiss wording. This Article 7 (A) (3) above will give the BC electorate control over Indian (aboriginal, First Nations) treaties. The relevant section of the BC Direct Democracy Act which will implement the above article 7 of the first stage of the Constitution of British Columbia (if article 7 is ever inserted into the Constitution of British Columbia), follows:
Popular Initiative on Treaties and International Agreements
11 Initiating committee A. A committee of at least seven, but not more than twelve, persons eligible to vote may initiate a proposal to hold an Article 7 referendum. B. The committee may use the services of a professional vote harvesting organization.
12. Time Schedule A. A committee may at any time propose an Article 7 referendum. B. Within 14 days of receipt of the proposal the government will publish the text of the proposal in the Gazette. C. The committee has 540 days from the date of publication of the proposal in the Gazette to gather on a petition the supporting signatures of 50 000 persons entitled to vote, and to deposit them with the Chief Electoral Officer. The list of signatures may be deposited once only. D. The Chief Electoral Officer will examine the signatures and declare the petition successful or failed within 14 days of receipt of the petition. E. If the petition is successful the First Minister of BC will order that a provincial vote will take place on the next scheduled voting date that permits a 30 day preparation time. F. If the initiative is approved by the People and the Regions the BC Legislature will promptly enact legislation to implement the initiative.
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There is nothing more difficult to plan, more doubtful of success, nor more dangerous to manage than the creation of a new system. For the initiator has the enmity of all who would profit by the preservation of the old system and merely lukewarm defenders in those who would gain by the new one.
- Machiavelli - 1513