Elliott: Eby’s undemocratic Bill 7 continues troubling pattern, but it can be stopped

Last Friday B.C. Premier David Eby announced Bill 7, which would effectively suspend the democratic process in British Columbia for the next two and a half years. Ostensibly intended to address the impact of tariffs, this autocratic bill is not only unnecessary, but represents just the latest in a troubling pattern of disregard for democratic process by this premier.

This time, however, he can be stopped.

Eby, who formed government with the slimmest of majorities, is no doubt motivated by the prospect of avoiding uncomfortably close votes in the legislature as he pursues his own agenda. As veteran B.C. columnist Vaughn Palmer puts it, this far-reaching legislation “would allow the cabinet to override provincial laws, regulations, authorities and even the legislature itself.” Its extraordinary reach led Palmer to observe that, “in 41 years of covering B.C. governments, I’ve not seen a legislation as arbitrary and far-reaching this side of the federal War Measures Act.”

Conveniently announced immediately before the house recessed for a two-week spring break, Bill 7 enables Eby’s cabinet to do whatever it deems necessary to “support the economy of B.C. and Canada,” which is so broad it could include anything at all. As Rob Shaw explains, it empowers cabinet to “amend any law, overwrite any policy, change any regulation, levy any fee, or gather anyone’s personal data with simply the stroke of a pen.”

Eby’s argument that Bill 7 is required to address tariffs is utterly misleading. There’s nothing stopping the Premier from convening the legislature at any time to pass any initiatives required to address the impact of tariffs. Indeed, such extraordinary measures have not been implemented in any other province, or at the national level, despite the fact that these jurisdictions face the very same tariffs that B.C. does.

But Eby’s disregard for democratic principles is not new.

Last November, he was denounced for reversing his commitment to hold a fall sitting of the legislature after October’s election. By not calling the house back as soon as possible, Eby avoided testing the confidence of the legislature, a crucial step in demonstrating the democratic authority of his government. This act, rightly deemed by experts to be “an erosion of democratic norms,” meant the NDP had about four months, until February, to rule essentially unopposed.

In February 2023, Eby was criticized for introducing the budget more than three weeks later than normal, delaying important matters of debate in a session he had already shortened by several weeks. This followed the cancellation of a week’s sitting of the previous session, which led to curtailed debate on, and the aggressive pushing through of, two significant and very controversial housing bills.

One of those housing bills, Bill 44, is itself seriously undemocratic. It overrides decisions made by elected local governments by mandating the elimination of single family zoning in communities across B.C., nullifying official community plans (developed by elected councils on the basis of extensive public consultation), and eliminating the ability of local governments to hold public hearing processes on these matters.

This pattern goes back to the very outset of Eby’s premiership. Recall that Eby was installed as leader of the NDP and premier without a vote among the party membership after his team successfully pursued the disqualification of his only opponent in the race.

Time and again, Eby has demonstrated an “ends justify the means” mentality that sees democratic norms as optional in the pursuit of his agenda. While rallying against President Trump, Eby has consistently copied his methods.

It’s not too late to stop him.

There are 47 NDP MLAs, 41 Conservatives, three independents, and two Greens in the B.C legislature. With the Conservatives and independents already set to oppose Eby’s deeply flawed bill, all NDP MLAs and the two Greens should think long and hard about how they will vote. Will they support Eby’s efforts to deny their own constituents their elected voice in B.C.’s legislature? Or, will they find their democratic conscience and stand up against this authoritarian bill?

In the likely event that NDP MLAs succumb to pressure from the premier, the Greens can still make the right choice to prevent the bill from becoming law. By voting with independent and Conservative MLAs against Bill 7, the Greens could render a 46-46 tie in the legislature (excluding the single NDP MLA serving as Speaker). Parliamentary convention holds that the Speaker only vote in the case of a tie, and that they cast their vote to protect the status quo (i.e. against such radical legislation).

Proposing amendments to the bill, as the Greens have said they’ll do, is not enough. A message needs to be sent, loud and clear, that democracy is not negotiable in the province of British Columbia.

Unless NDP and (or) Green MLAs find it in themselves to stop Eby’s overreach, or Eby himself reverses course due to public dissent, it seems likely this shameless circumvention of democratic process will pass.

Let’s not give up our democracy without a fight. Tell your friends, speak up, and reach out to your MLA. Demand they vote against Eby’s heavy-handed attempt to deny you your democratic voice.

Caroline Elliott is a North Vancouver-based political commentator. She has a PhD in political science from Simon Fraser University. Follow her @NVanCaroline.