Anti-HST initiative succeeds, but Elections BC delays

The HST thorn in the BC government’s side may be hurting a bit more today, as Elections BC just announced its ruling on former BC premier Bill Vander Zalm’s anti-HST petition. As expected, the agency ruled that the 700,000 signatures collected do include the required ten percent or electors in each and every BC riding — a prerequisite for the initiative to proceed.

That, however, is where the good news ends for those who don’t want the HST, as Elections BC has also said that neither a referendum nor a recall (the only two options allowable) can proceed until a legal challenge of the validity of the petition has been heard by the courts. That challenge was undertaken by business leaders who support the incumbent government’s institution of HST.

But Vander Zalm says that this violates the legislation under which Elections BC is operating, and that he will seek an injunction against the delay, and if necessary push for a recall of every Liberal MLA in the province, if that’s what it takes.

Nevertheless, the Globe and Mail describes the decision as an “historic blow” to B.C. Premier Gordon Campbell’s Liberal government.

According to BC Local News, “Fight HST campaign leader Bill Vander Zalm accused the independent electoral office of stalling by refusing to take the next step of forwarding the petition and his HST-repealing legislation on to a legislative committee. That committee would then be required to either send the draft law to unravel the HST to a vote of the Legislature or else hold a referendum in September of 2011.”

Signed by more than 700,000 angry and disgruntled British Columbians, the citizens’ initiative petition, aiming to end the 12% HST and replace it with the former 7% PST and 5% GST, would, if successful, give each BC resident an equal share of the provincial portion of the HST that has been collected since the inception of the new tax. It has been declared as having passed with the required 10 per cent of registered voters in all 85 constituencies in the province. This was the first time for a campaign to successfully meet the requirements of BC’s Citizens’ Initiative legislation, although there had been failed attempts in the past.

Elections BC officials did not make a public announcement of the result, but instead, privately informed Bill Vander Zalm, Fight HST campaign leader, a move he called “bizarre”.

Mr. Vander Zalm has accused the electoral office (supposedly an independent body), of stalling, and the BC government and big business groups of encouraging the refusal to take the next step and forward the petition and the HST-repealing legislation on to a legislative committee.

Finance Minister Colin Hansen said, “We’ve said from the outset that we will follow the law regarding the petition and that is exactly what we will continue to do … the legislative committee will consider the draft legislation when the chief electoral officer submits it. He added, “I continue to support the HST because it’s the right policy to build our economy and create jobs across B.C.”

Once the committee receives the draft law to unravel the HST, it will decide whether to send it to the floor of the Legislature for a vote or else hold a referendum in September of next year.

Beginning next Monday, a court challenge by pro-HST business groups who wish to stop the petition will be heard, as well as a second constitutional challenge of the HST itself, launched by Vander Zalm, who insists that the BC government failed to implement the HST correctly. He warns, however, that the court proceedings and the ensuing appeals could take years and he said he would consider this a stonewalling tactic by the government.

“We will not stand for this,” he said, and added that the Fight HST campaign will seek a court injunction to force Elections BC to follow its governing legislation.

Meanwhile, Fight HST is preparing for recall campaigns to target BC Liberal MLAs to either pressure the government to reverse the HST or else they will be toppled.

“We will recall every Liberal MLA in the province if that’s what it takes,” he said, adding that nothing short of a vote in the Legislature to act to repeal the HST by November 15th will satisfy petitioners and prevent recall campaigns to start picking off MLAs. Even though recalling an MLA is not easy (canvassers must get the signatures of 40% of the registered voters in a particular riding within 60 days) and no MLA has ever been recalled, Mr. Vander Zalm will not be deterred.

“If by November 15th, you haven’t seen the light,” he told Liberal MLAs, “We are going to turn up the heat!”

Some of those key Liberal politicians whose political future may be decided over the fate of the HST are Environment Minister Barry Penner, Children and Family Development Minister Mary Polak, former Solicitor General Kash Heed, and others – a total of 24 vulnerable government faithfuls.

NDP house leader Mike Farnworth said that the petitioners’ success “absolutely unprecedented” and that NDP MLAs are ready to quickly consider the draft legislation if it is forwarded to the standing committtee.

“More than 700,000 people took the time to sign the petition,” Farnworth said. “The government ignores that at their peril. If they’re smart, they’ll respect the will of the people and bring it to the floor of the legislature for a vote as soon as possible.”

Related links:

• Anti-HST petition upheld in B.C.
  http://www.theglobeandmail.com/news/national/british-columbia/anti-hst-petition-upheld-in-bc/article1669467/?cmpid=rss1
• Anti-HST petition is valid, says Elections B.C.
  http://www.timescolonist.com/news/Anti+petition+valid+says+Elections/3387520/story.html
• HST petitioners victorious but blocked for now
  http://www.bclocalnews.com/kootenay_rockies/nelsonstar/news/100489424.html