British Columbia Premier David Eby speaks to reporters from his office at the legislature in Victoria, B.C. on Feb. 18.CHAD HIPOLITO/The Canadian Press
British Columbia’s NDP government tabled legislation last week that, if enacted as is, would give it sweeping powers to pass regulations without having to bother with the tedious obligation of asking for the blessing of the provincial legislature.
It is being done for the usual reason offered by governments that find the democratic process to be an impediment to action: that is, as a temporary emergency measure of the kind imposed during wars or great natural disasters.
In this case, the emergency is the trade war launched by U.S. President Donald Trump.
Bill 7, the “economic stabilization (tariff response) act,” as it is called, will allow the cabinet to amend or to override provincial laws and regulations, and to skirt the authority of the legislature, all in the name of “addressing challenges, or anticipated challenges, to British Columbia arising from the actions of a foreign jurisdiction,” and of “supporting the economy of British Columbia and Canada.”
Noble goals, those, and no doubt welcome to some ears during these anxious times. Mr. Trump is placing unjustified tariffs on Canadian goods and threatens to annex Canada. Bill 7 “allows us to move very quickly to prevent harm to the B.C. economy,” Premier David Eby said last week.
There is even an expiry date for any unilateral regulations imposed by cabinet: May 28, 2027.
None of this makes it right, though. Justin Trudeau did the same thing when he was prime minister during the early weeks of the COVID-19 pandemic, and it was wrong then, too.
His government tried to sneak an emergency measure into a March, 2020, COVID relief bill that would have allowed it to use regulations to impose new taxes and spend new money without having to seek Parliament’s approval.
Like Mr. Eby’s bill, there was an expiry date, in this case at the end of 2021. But that did not change the fact that Ottawa was undermining the bedrock principle that the government is accountable to the legislature.
The Trudeau government, a minority, backed down in the face of public outcry. Mr. Trudeau himself was forced to address Canadians and assure them that, “you have my unwavering commitment – we will protect and uphold our democratic values.”
And now Mr. Eby is trying to pull the same stunt. Worse, he has been misleading the public about the sweep of the legislation. He repeatedly stated last week that any extraordinary regulation adopted by cabinet under the bill would have to be “ratified” by the legislature, when that is not the case.
The only obligation on cabinet under the proposed law is to present an after-the-fact report on its actions to the legislature when it is sitting, or to the Clerk of the Legislative Assembly when it’s not. That is not what ratification is.
Then again, this is the same Premier who waited almost four months before recalling the legislative assembly after he won a close election in October, 2024. He has never been overly keen to face his opposition.
Mr. Eby says he intends to use his emergency powers to promote interprovincial trade, potentially impose tolls on U.S. commercial vehicles heading for Alaska on B.C. roads, prevent U.S. companies from procuring public-service contracts and, more vaguely, “cut red tape and regulations to take fast action to defend the B.C. economy.”
None of those strike a reasonable person as things that can’t be brought to the legislature for debate and passage in a timely fashion. The fact that Parliament in Ottawa was able to sit and adopt legislation during a rapidly evolving pandemic that also required MPs to socially distance is proof that B.C.’s elected representatives can figure out a way to deal with Mr. Trump.
Mr. Eby is forgetting that democracy is at its most important during times of crisis. Government needs to act quickly, but not rashly. Giving the opposition an opportunity to question, say, how a toll on American truckers heading to Alaska would work can prevent mistakes. It also ensures that voters, through their representatives, have a say in what might be difficult and painful decisions, and therefore will be more likely to buy into them.
You know who is prone to invoking emergencies to bypass the legislature and force his agenda on the public? Donald Trump. Politicians in Canada should not be quick to emulate him. Mr. Eby should drop Bill 7 and reassure his voters that he also will protect and uphold democratic values.