On the morning of November 28th the Vancouver Sun columnist Vaughn Palmer described what the Campbell government would do with Bill 39 (Electoral Boundaries Commission Amendment Act, 2007). Unlike what it was doing by invoking closure to force through the nuking of Translink with Bill 43, replacing local control of transit with unelected officials, Palmer wrote that the Campbell government would allow its attempt at interference with the independent Boundaries Commission to die on the order paper if the opposition refused to support it, and that it would not subsequently introduce legislation to implement the Commission's recommendations if those recommendations continued to contain provisions for the elimination of three Interior ridings. As if acting out Palmer's column, government house leader Mike de Jong, rose to speak following question period and, after laying out the government's threat, moved that debate on second reading of Bill 39 be adjourned; government members voted to adjourn debate; opposition members voted against the motion.

If the Boundaries Commission doesn't bow to threats from the Campbell government, and sticks by its preliminary report, the next election might be held on the basis of constituency boundaries that are unconstitutional, in violation of the Charter of Rights and Freedoms. The legal and constitutional history of redrawing electoral boundaries is well documented in Part 4, legal framework, of the Commission's preliminary report. It is astounding that the Campbell government appears to believe that it can withstand a court challenge if it doesn't act on the Commission's recommendations, or if it attempts to significantly interfere with those recommendations. It might gamble that a court would not overturn the results of an election held on May 12, 2009 based on constituency boundaries that could eventually be held to violate the Charter, but it must know that it is highly likely that the courts would rule that boundaries would have to be changed in time for the 2013 election. British Columbians shouldn't have to resort to the courts to assure that fundamental rights are respected.

The ball is now in the court of the Boundaries Commission. It suspended public hearings when the Premier announced that it would be working with new legislation. We'll soon see if like the Representative for Children and Youth, it has the guts to stand up to the Campbell government and publicly defend its preliminary report. The NDP caucus has shown that it has what it takes to stare down the Campbell government and call its bluff.