Text of
The Constitution of the Province of British Columbia
2007 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
The BC Constitution may at any time be subjected to a total or partial revision. A total or a partial revision may be requested by the People, or proposed by the BC Legislature. 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
The following will be submitted to the vote of the People and of the Regions: Total and partial revisions of the BC constitution. Proposed entry of BC into organizations for collective security or into supranational communities. 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. The word “person” refers to a Natural Person, throughout this Constitution. 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. 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 The following persons are disqualified from voting: Persons who are imprisoned in a penal institution serving a sentence of two years or more. 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
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.
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
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. The popular initiative for a partial revision may be in the form of a general suggestion or a formal draft. 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. 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. 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.
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. 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. 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. 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. 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.
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
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. The popular initiative for the amendment or repeal of a regulation may be in the form of a general suggestion or a formal amendment. 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. 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. 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. 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 9 above in case the People find it necessary.
Article 9: Popular Initiative on provincial government action
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.
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.
(B) A proposal to institute will indicate the system of direct democracy preferred by the municipality.
(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.
(D) The cost of the vote will be paid by the municipality.
(E) If the eligible voters approve the proposal, then within 60 days the government will amend the BC Municipal Act accordingly.
(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
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: The creation of a law. Amendments to, and the repeal of, BC laws. BC Emergency laws with a validity of more than one year. Judgements of the BC Court of Appeal, or a lower Court, on questions of the constitutionality or interpretation of a BC law or regulation. 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. “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
The proposals submitted to the vote of the People will be accepted if a majority of those voting approves them. 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. The result of a popular vote in a Region constitutes the vote of that Region. 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
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
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. 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 50 000 persons entitled to vote may propose the entry of BC into, or the withdrawal of BC from, the following:
International Treaties and agreements of any kind. Membership in international organizations for any purpose. Domestic treaties of any kind. 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 committee of at least seven, but not more than twelve, persons eligible to vote may initiate a proposal to hold an Article 7 referendum.
The committee may use the services of a professional vote harvesting organization.
12. Time Schedule
A committee may at any time propose an Article 7 referendum. Within 14 days of receipt of the proposal the government will publish the text of the proposal in the Gazette. 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.
The Chief Electoral Officer will examine the signatures and declare the petition successful or failed within 14 days of receipt of the petition. 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. 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