February 3, 2010

Broken promises, illegally slow delays and exorbitant six-figure fees were just a few of the problems ELC student Morgan Blakley pointed out to the Special Committee to Review the Freedom of Information and Protection of Privacy Act at a Victoria public hearing on February 3, 2010.

Referring to the 36-page report he prepared for the Dogwood Initiative, Blakley stressed to the Legislative Committee that while access to government records is essential for a healthy democracy, the Act is failing those who need it most.

"If only rich and powerful groups in society can access government information," he notes in the report, "then how are non-profit organizations and the majority of people supposed to participate meaningfully in our democratic governance?"

Where one of the Act’s key purposes is to make public bodies more accountable to public, Blakley provides data in his report to indicate how governments have been reluctant to pass over their information. When they do hand over material, it is often after a great delay or with much of the content blacked out. In a series of examples ranging from fees of $4,000 to almost $174,000, Blakley noted it also can come with a hefty price tag, even in instances where there would seem to be a public interest case to be made. Almost half of the FOI requests made in 2008 by public interest groups, the media and political parties--groups most critical for holding government accountable--were illegally slow.

It’s all enough to make people not bother. In fact, data in the report indicate a number of frustrated citizens have indeed stopped trying to bang their heads against the FOI stonewall. From 1995 to 2007, rates of FOI requests have declined almost 57 per cent.

Blakley makes a number of recommendations to the committee and hopes government will act to strengthen Freedom of Information and Protection of Privacy Act and fulfill the Act’s true intention of giving the public a right to access government records in a reasonable amount of time and with a fair fee structure that protects the public interest.

Read the submission here and watch for further news about this story in the media and on the ELC website. Read the story on the Dogwood Initiative website and on the CBC website.

Feb 15 Deadline for Public Input on Cosmetic Pesticide Legislation

January 22, 2010

The ELC encourages British Columbians to learn about the provincial government's plans to ban the sale and use of cosmetic chemical pesticides through legislation. See the Canadian Cancer Society's website for information about this issue. Watch this space in the next few weeks for proposed draft legislation.

Comments on Juan de Fuca Land Use Bylaws

November 18, 2009

Lawyer and ELC Program Director Deborah Curran provided comments to the Capital Regional District regarding the most recent iteration of the Juan de Fuca draft OCP and land use bylaw. To read her comments, click here. Read the paper.

ELC Seeks comments on BC Tribunals Discussion Paper

November 24, 2009

We are extending the deadline for feedback to Jan 31, 2009 on the questons raised in this paper to assist us in developing a final report that discusses what measures should be considered for future reform of BC's environmental tribunal system. For more information about the project, click here. Read the paper.

Thanks to UVic Law students, faculty and staff

Many thanks for the great turnout we've had at our "blue sky" visioning sessions. We will amalgamate the feedback into our final report. (For more information about this session, please read our Strategic Review & Renewal Process Backgrounder.) We look forward to future sessions with the UVic community in the near future.

ELC Articled Student at SCC

October 20, 2009

Victoria, BC - ELC Articled Student Micah Carmody had the opportunity to travel to Ottawa to watch the portion of a factum that he helped to prepare argued before the Supreme Court of Canada. More...

Submission Asks CRD to Focus on Sustainable Community Development

September 29, 2009

Victoria, BC - In a 13-page submission, ELC Program Director, Deborah Curran, and ELC Articled Student Micah Carmody have made five specific recommendations regarding the Capital Regional District’s (CRD’s) proposed bylaws to establish zoning and land use policies for the 132,000 hectares of Rural Resource Lands in the Juan de Fuca Electoral Area. More...

Protecting the Integrity of Victoria's Inner Harbour

September 21, 2009

Victoria, BC - Victoria Harbour’s mega-yacht marina project needs better public input and an independent environmental assessment process according to legal submissions prepared with the assistance of the ELC and delivered today to the Minister of the Environment Jim Prentice. More...

ELC Urges North Cowichan Council to Protect Echo Heights Forest

August 2009

Chemainus, BC - ELC student Kyra Bell-Pasht presents her report "Protecting Echo Heights Forest" to the District of North Cowichan Council on Wednesday, August 19, 2009. Prepared on behalf of the Chemainus Residents Association, the report examines Council's legal duties when making planning decisions and documents the long history of community use of the lands commonly known as Echo Heights Forest. More...

Action Needed to Deal with Abandoned Vessels

July 2009

Victoria, BC - The recent torching of a tugboat in Sooke Harbour highlights the need for law reform in order to deal with the growing number of abandoned vessels that clutter waters around BC, posing serious safety and environmental risks. More...

Examining BC's Environmental Tribunals and Assessments

April 2009

Victoria, BC - Thanks to funding from the Law Foundation of British Columbia, the ELC is pleased to be conducting two legal research projects that will be carried out over a two-year period under the direction of Mark Haddock, with assistance from ELC staff and clinic students. More on the Assessment Project. More on the Tribunals Project.

Urgent Call to Protect Public Health

March 5, 2009

Victoria, BC - Acting on behalf of a coalition of public health and environmental groups, the ELC has recommended urgent law reform to avoid the potential for mini-Walkerton disasters across BC. More...