#Bill19: #COVID19RelatedMeasuresAct
What is it?
Attorney General David Eby, of the BCNDP government, introduced this bill on June 22nd,
2020 for 1st reading in the B.C. Legislature.
See below for 'Key Sections of Bill 19' for details, or read the whole bill at the link below.
The BC Government Media Release about Bill 19:
New act will help formalize, unwind emergency orders
Link: https://news.gov.bc.ca/releases/2020AG0043-001126
The Purpose:
· For the current BC (BCNDP) government to
seize complete, unrestrained legislative control and dominance of BC for the
foreseeable future
under the guise of COVID-19.
· To
give the BC government and the Lieutenant
Governor in Council sweeping,
unrestrained and covert, secretive powers to make/enact any regulations it
wishes, under the guise of "COVID-19 measures," without first bringing these proposed
regulations, or other changes, to the Legislature for debate, questions, or
amendments from duly elected Members of the Legislative Assembly (MLA's).
· To
compromise, threaten and destroy democracy in a system of parliamentary
democracy which is
based on the people electing MLA's whose role is to hold the government
accountable and responsible for governance and leadership of the province.
· To
continue to enact and utilize state-sponsored 'Statement of Emergency' powers
under the Emergency Program Act at will, with no debate, questions, or
challenge to do so
when the the BC government has never established any reason to enact
this in first place, and continues to use these measures with no reasonable, or
evidence-based justification.
· To
limit civil liability, direct and vicarious liability for the actions the BCNDP
government took to “manage” COVID-19, an individual and public health issue.
· To stop the B.C. government, and its
representatives and designates, from being held accountable and responsible for the destruction of BC’s economy and
communities, which have all been impacted by the decisions and measures
taken by the BC government under the cover of COVID-19.
· To
ensure the BC government and PHO are not held responsible for the bankruptcies
of the thousands of businesses they
shut down and forced into bankruptcy in B.C.
· To
limit direct and vicarious liability for the thousands of lives of those who died from COVID-19-related
illnesses, and those who have, or will die from cancelled surgeries, diagnostic and
screening procedures, and other health care that the BC government and PHO
stopped, disrupted and interfered with to the detriment of many.
Why is Bill 19 Dangerous to Democracy & Why Must It Be Stopped?
Governments that seek to limit and create barriers to democratic processes, such as legislative debates, discussions, challenges, questions, and amendments are not democratic.
Fascism: An authoritarian form of government characterized by state-sponsored dictatorial power, forcible suppression of opposition and strong regimentation of society and of the economy (Encyclopedia Britannica; Wikipedia).
Bill 19 will transform BC from a democracy into a fascist, totalitarian one-party state where the BC government, currently the BCNDP, and its authoritarian rulers and appointees' decisions and actions cannot be questioned, including by MLA's who were elected to represent citizens and voters in the province.
Bill 19 gives the BC government sweeping, unchallenged powers to enact other potentially authoritarian and fascist state actions, including:
- Ongoing, uncontested, and unending 'State of Emergency' enactments that have no reason to have been enacted in the first place, or to continue.
- The violation of the Charter of Rights and Freedoms of Candians through the BC government's implementation, and continued use of covert secretive, state-sponsored unlawful forced confinement, detention, and forced isolation of citizens, with no disclosure of how these detention programs operate, the cost to BC taxpayers, what legislation people are detained under, or what actions they can take to challenge their unlawful detentions.
- The possibility/potential of forced health measures, which could potentially include forced and mass vaccinations; mask use; or other measures that are not supported by evidence-based science, research, or data.
- The ability to bring in new regulations, or laws, which systematically violate the Charter rights of Canadian citizens in BC at will.
- Transforming and restructuring BC's socio-economic and business structures and systems, including businesses, schools, communities, and anything else they so desire in any manner without comment, challenge, debate, questions, or opposition.
- Allowing for the ongoing transformation of BC to a "cashless" society by allowing and not preventing, or constraining businesses from refusing cash, which is legal tender in Canada.
- Increasing state-sponsored powers to implement and systematically use of "surveillance" tools and measures, such as using apps and collected data from a range of sources to investigate, track, monitor, and identify individuals/citizens and their movements in their communities and the province.
What Can We Do to Stop Bill 19?
Critical mass, reaching out and informing and the citizens of BC about the dangers and threats that Bill 19 represents is crucial.
Contact AG, David Eby and Premier John Horgan:
- Tell them you want them to immediately withdraw Bill 19 because it poses a threat to democracy in the province of British Columbia.
- Advise them that this bill demonstrates that the BCNDP government has no respect for democracy, and the right of citizens and voters to question, debate and be informed about the decisions and actions of the BC government through their elected MLA's.
- Report that if the BC government passes this bill that you will no longer have confidence or faith in the government to govern B.C. because they will have eliminated accountability, transparency, and debate which are all required elements of a democratic government.
Copy the Leaders of the Opposition Parties & Your MLA:
- Andrew Wilkinson, BC Liberals
- Sonia Furstenau, BC Greens
Contact information:
Attorney General David Eby: AG.Minister@gov.bc.ca;
Constituency office: David.eby.MLA@leg.bc.ca
Tel #1-250-387-1866;
Constituency office: 604-660-1297
Premier John Horgan: premier@gov.bc.ca;
Constituency office: john.horgan.mla@leg.bc.ca
Tel # 1-250-387-1715;
Constituency office: 1-250-391-2801
Andrew Wilkinson, Official Opposition Leader for the BC Liberal party
Email: andrew.wilkinson.MLA@leg.bc.ca
Tel # 1-250-356-6171;
Constituency office: 604-664-0748
Sonia Furstenau, House Leader of the BC Green Party
Email: sonia.furstenau.MLA@leg.bc.ca
Tel # 1-250-387-8347;
Constituency office: 1-250-715-279
Copy and paste all:
premier@gov.bc.ca;
john.horgan.mla@leg.bc.ca;
AG.Minister@gov.bc.ca; David.eby.MLA@leg.bc.ca; andrew.wilkinson.MLA@leg.bc.ca; sonia.furstenau.MLA@leg.bc.ca
- Contact your MLA and tell them you want them to stop Bill 19 from reaching Royal Assent. A Sample Message is below that you can copy and paste to send to your MLA.
- Contact your Member of Parliament (MP) and ask them to advocate with the BC government to stop Bill 19 from reaching Royal Assent.
- Contact your Mayor and Council and tell them your concerns and ask them to advocate with the BC government to stop Bill 19 from reaching Royal Assent.
- Share this blog post and other materials with your friends, family, and community members through social media, and any other ways you can think of.
- Ask your friends, family, and community members to also contact your MLA, MP, and Mayor and Council.
Find Your BC MLA here: https://www.leg.bc.ca/learn-about-us/members
Find Your Member of Parliament Here by Name, or Postal Code: https://www.ourcommons.ca/Members/en
Find Your Mayor and Council: Search '[Your town name] mayor and city council contact information.'
I am writing you today as a concerned voter and citizen in British Columbia. I have learned that the BCNDP government introduced Bill 19, the COVID-19 Related Measures Act, on June 22nd, 2020 for 1st reading in the B.C. Legislature.
Bill 19 is an anti-democratic piece of legislation. Its purpose is to transform B.C. from a parliamentary democracy because it gives the B.C. government sweeping powers to enact, or continue to enact, laws and regulations that cannot be questioned, changed, improved, or amended by MLA's who were democratically elected by voters in their ridings around B.C.
Bill 19 gives the BC government the ability to covertly and secretly introduce and make changes to regulations and laws through the Lieutenant Governor in Council, without notice, discussion, debate, or questions from democratically elected MLA's, who represent the people, and public interests of the citizens of B.C.
Bill 19 also protects the B.C. government officials who are responsible for the manner in which COVID-19 has been handled in B.C. from being accountable for their actions by limiting their civil liability for their actions. These actions have included targeting and closing down specific industries, businesses, and forcing thousands of businesses and citizens into bankruptcy after they were no longer solvent due to the actions of BC government officials and representatives.
I disagree that the B.C. government should be allowed to have the unconstrained, secretive, and unquestioned power that Bill 19 represents. I believe this proposed Act is harmful to democracy. It suppresses debate, questions, and challenges to the actions of the B.C. government. None of those things are consistent with parliamentary democracy.
I am asking you/your party to use the time you are allotted as a Member of the Legislature (MLA) to make your disagreement, and the reasons for this, strong and clear, and placed on the public debate record.
I am asking you to strongly encourage other MLA's to also publicly state disagreement with Bill 19, the reasons for this, and to vote against it, as well as rally MLA's across political party lines to protect and preserve democracy in B.C.
I am asking you to protect and preserve democracy and civil rights in B.C. by voting against Bill 19, in its entirety.
I am asking you to prevent the BCNDP from gaining uncontested, unquestioned, and unchallenged power to re-shape and transform the democratic principles and institutions of our province.
As my MLA, how you, and your political party vote on Bill 19 will be noted. This information will be shared with other voters in our riding at the next election. You will personally be held responsible and accountable for any harmful consequences, or outcomes, that occur should Bill 19 pass into law, if you did nothing with the power and authority voters gave you to stop this.
You were elected to serve the interests of citizens in your riding in a fair and democratic process. Part of your obligations and responsibilies in office include protecting and preserving democracy, and holding the current government accountable and responsible to the public interest. I, and other voters and citizens in your riding, expect you to follow through on your promise to uphold democracy and accountability in B.C.
Sincerely,
[Name]
[Riding]
[Contact information and address]
Key Sections of Bill 19:
Definitions
1 In this Act:
"COVID-19 pandemic" means the pandemic that was the subject of the
declaration of a state of emergency made under the Emergency Program
Act on March 18, 2020;
"COVID-19
provision" means a
provision enacted by section 3 (1); "declaration of a
state of emergency" has
the same meaning as in the Emergency Program Act;
"EPA
instrument" means
an order or regulation, listed in Schedule 1 or 2, that was made under section
10 or 10.1 of the Emergency Program Act.
Conflict
2 If there is a conflict between
(a)
this Act, including a COVID-19 provision, or a regulation under this Act, and
(b)
any other Act or regulation, the enactment referred to in paragraph (a)
prevails.
Re-enactment
and continuation of EPA instruments
(8) The Lieutenant Governor in Council may, by regulation,
(a)
repeal a COVID-19 provision or a portion of a COVID-19 provision, and
(b)
add to Schedule 1 or 2 an order made under section 10 of the Emergency
Program Act or a regulation made under section 10.1 of that Act
respecting the COVID-19 pandemic.
(10) A regulation under subsection (8) may be made
retroactive to a specified date and, if made retroactive, is deemed to have
come into force on the specified date.
(11)
This section is retroactive to the extent necessary to give full force and
effect to its provisions and must not be construed as lacking retroactive
effect in relation to any matter because it makes no specific reference to that
matter.
No
actions or proceedings
4 (1) Subject to subsection (2) and the regulations,
no legal proceeding for prescribed damages related to the COVID-19 pandemic
lies or may be commenced or maintained against a prescribed person or a person
in a prescribed class of persons because of
(a) any
prescribed act or omission of the person, or
(b)
any act or omission of the person in a prescribed class of acts or omissions.
(2) Subsection (1) does not apply in relation to damages
caused by gross negligence
(3)
The Lieutenant Governor in Council may make regulations for the purposes of
this section, including, without limitation, regulations restricting the
protection provided under subsection (1) or imposing conditions on the
protection.
(4)
A regulation under subsection (3) may be made retroactive to a specified date
and, if made retroactive, is deemed to have come into force on the specified
date.
Protection continues
5 For certainty, despite the repeal of section 4, the
repeal does not affect any protection acquired under that section.
Repeal
6 Sections 1 to 4 of this Act are repealed on the date
that is one year after the date this Act comes into force.
7 Section 10 of the Emergency Program Act,
R.S.B.C. 1996, c. 111, is amended by adding ", without limitation," after "an emergency or a disaster,
including".
Powers
of Lieutenant Governor in Council in declared state of emergency
10.1 (1) After a declaration of a state of emergency is
made under section 9 (1), and for the duration of the state of emergency, the
Lieutenant Governor in Council may, subject to this section, make regulations
as follows to prevent, respond to or alleviate the effects of an emergency or a
disaster:
(a)
making an exception to an enactment;
(b)
establishing limits on the application of an enactment;
(c)
establishing powers, duties, functions or obligations that apply in place of or
in addition to an enactment;
(d)
establishing conditions in relation to anything done or established under paragraphs
(a) to (c).
(2)
Without limiting subsection (1) and subject to this section, the Lieutenant
Governor in Council may make regulations as follows to prevent, respond to or
alleviate the effects of an emergency or a disaster:
(a)
suspending the application of a provision that establishes a limitation period
or a period of time within which a proceeding or process must be commenced or a
step must be taken in a proceeding or process;
(b)
setting out a replacement limitation period or period of time for one suspended
under paragraph (a) of this subsection;
(c)
authorizing an issuer of a permit, licence or other authorization to modify the
conditions of a permit, licence or other authorization or to add or remove
conditions of a permit, licence or other authorization;
(d)
authorizing a person, tribunal or other body that has a statutory power of
decision to waive, suspend or extend a mandatory time period relating to the
exercise of that power.
