Before it adjourned for a two week break, BC's Legislature unanimously adopted a resolution that will see legislation introduced to increase the number of MLAs from 79 to 85. British Columbians from the Peace River to Victoria, from Atlin to Fernie, must be jumping with joy at the thought of six more $100,000 plus a year politicians with their golden pensions and rich benefits, but that's not the worst of it. BC's Electoral Boundary Commission recommended that there be just 83 MLAs elected in May 2009, but the government, supported by the NDP, overruled the independent Commission and added additional seats in the North and the Cariboo. When that resolution is implemented through legislation before the end of May, it will be challenged in court. It is ironic that throughout the week the resolution passed, the Campbell government found itself on the defensive in question period over Ken Dobell's lobbying activities. Attorney General Wally Oppal and House Leader Mike de Jong ranted about their belief in the rule of law, hiding behind Dobell's guilty plea and ultimately the court award of an absolute discharge. We'll soon see how much the Campbell government respects the rule of law when its electoral boundaries are hauled before the court.

People support the concept of one person one vote, but understand that it is difficult to draw electoral boundaries so as to create exact equality of votes between all constituencies. The law in British Columbia provides for constituency boundaries to be drawn so that population in any constituency does not differ by more than 25 per cent from the provincial average, except where "very special circumstances exist". With 83 constituencies, the average population (called the provincial electoral quotient) is 49,560; with 85, it is 48,394. Adding two constituencies doesn't change the average by much, but it has an enormous impact on inequality. Under the Commission's recommendation for 83 constituencies, four had populations that differed by more than 25% from the average: North Coast with a population of 23,135 (minus 53.3%), Peace River South with a population of 25,926 (minus 47.7%), Columbia River-Revelstoke with a population of 32,513 (minus 34.4%), and Nelson-Creston with a population of 34,883 (minus 29.6%). The proposed electoral map with 85 constituencies has 10 that differ by more than 25%:

Constituency	population	deviation
Nechako Lakes	26,436	-45.4%
North Coast	23,135	-52.2%
Peace River South	25,926	-46.4%
Skeena	30,011	-38.0%
Stikine	20,622	-57.4%
Cariboo North	31,805	-34.3%
Cariboo-Chilcotin	30,385	-37.2%
Fraser-Nicola	31,049	-35.8%
Columbia River-Revelstoke	32,513	-32.8%
Nelson-Creston	34,883	-27.9%

By comparison, the constituency of Langley has a population of 58,808, Richmond Centre a population of 59,166 and Comox a population of 59,482. Why should a vote in the Stikine be worth three times a vote in Comox?

It is possible that the new electoral map with 85 seats is unconstitutional. The Supreme Court of Canada ruled in 1991 that provincial jurisdiction to draw boundaries is subject to Charter of Rights and Freedoms scrutiny. The court stressed that equal "effective representation" is required rather than strict numerical parity between ridings, and it said:

Any voter could apply for an injunction to prevent the May 2009 election from being held using the proposed electoral map with 85 constituencies. Such a case would ultimately have to be fought in the Supreme Court of Canada and it would take someone not only with a keen interest, but deep pockets to launch that case. Perhaps BC's legislators are counting on no one caring enough to test the constitutionality of the proposed electoral boundaries, but they might find themselves in trouble when the BC Civil Liberties Association (BCCLA) steps up to the plate, as it did in 1985. The government motion which specified 85 constituencies for the 2009 election passed on the morning on March 13, 2008; that afternoon the BCCLA issued a news release in which its President Jason Gratl said: "If the government proceeds with this plan, the BCCLA will go to court to seek orders protecting constitutionally guaranteed voting rights of all British Columbians from this unconscionable attack on fundamental freedoms."

Should the BCCLA succeed with an application for an injunction and start the long road to the Supreme Court of Canada, the Campbell government should be prepared to back down and implement the 83 constituencies recommended by the Boundary Commission.