CKNW Editorial
for October 23, 2001

The Provincial Liberal party, the Provincial Liberal government and Messrs Gordon Campbell, Mike DeJong and Geoff Plant ought to be thoroughly ashamed of themselves. Put plainly, they reneged on one of their biggest if not the biggest promise they made as they fought the NDP for our hearts and votes. In all the years I’ve watched politics I’m hard pressed to think of a more flagrant example of a party breaking its word upon being elected.

You will remember, of course, the run up to the signing of the Nisga’a Treaty. The Liberal Party, then in opposition, and the three named men themselves, were vigorous unto verbally abusive in their opposition to it. In particular they were opposed to what they saw as a third level of government that derogated from Provincial and Federal powers without the intervening act of a proper constitutional amendment. In fact, the Liberals were so steamed up about it they brought an action to have the treaty set aside. Nisga’a Chief Fountain and a number of his members joined the action at the Liberals side with their delighted consent.

They lost at trial and appealed. Before the appeal could be heard there was a change of government and the Liberals won.

One of the main issues people supported the Liberals on was their policy on aboriginal claims. This policy certainly took in their highly principled stand against the Nisga’a government scheme. In fact they – like I – endured a lot of abuse for taking that position. We were called racist and the Liberals maintained, as I and others did, that far from being racist, a crucially important principle was at stake. Can a new level of government be created without a proper amendment of the constitution which in BC would require a referendum?

This was at the very heart of the Liberals’ policy. Now I have a question for the Premier … for the Forests Minister … for the Attorney-General. Did it never occur to you in the time you were so zealously proceeding against the federal and provincial governments … and making all those statements inside and outside the Legislature … that you might actually win the next election? Are you now telling the public that you were individually and collectively so damned stupid that, while electioneering over the past three years, you never thought about the possibility of winning power and what you would do then with the Nisga’a case?

Or was it of no matter to you? Just another issue to beat the NDP over the head with?

Let me guess. It’s one of two possibilities. Maybe you are so bloody dumb that winning never crossed your mind. Or, more likely, you thought about this and decided that because it could be dealt with early in your mandate you could just abandon ship and leave Chief Fountain and his associates twisting in the wind. Who needed them? And who cared about principles now?

As Mr Mulroney once said famously to John Turner, you had a choice. And your choice was simple one. If you had the courage of your convictions you could have done what the NDP did upon coming to power as the Delgamuukw case was going to appeal – you could have instructed Counsel that when the BC government changed, so did its policy. Yes, it would have been a bit awkward for you as government to side with your own political party but no more awkward than it now is for your former, and well beloved allies, Chief Mountain and his colleagues.

You had two choices really.

You could’ve instructed your lawyers to reverse the policy of the government, it now having changed.

You could have, as members of the Liberal Party, demanded that the party drop its case then as government, changed position from being in favour of the Nisga’a Treaty to being opposed to it. You simply didn’t have the guts for this and when people now accuse you of being opportunistic and racist in your original opposition and law suit you have no defence to the charges.

Or, as a government, you could have referred the matter on the constitutional question to the British Columbia Court of Appeal and with Ottawa’s consent you could have referred the matter directly to the Supreme Court of Canada. There are at least two former Supreme Court of Canada judges and countless other esteemed former judges and prominent lawyers who agree that option was open to you. You took the weasel’s way out.

The only possible explanations for your not staying the course is that you weren’t sincere about it in the first place … or you were bought off by the feds. If the latter, how many pieces of silver did it take?

You have now abandoned a crucial question for Canadians across the land - Can you create a new order of government, then entrench it in the constitution without obtaining a proper amendment to the constitution? This was the question raised by the late and esteemed Mel Smith … by Gordon Gibson … former Supreme Court Justices Estey and McIntyre … at least one perhaps more former BC Court of Appeal judge whose opinion I know … and incidentally by me. As we all defended ourselves against charges of racism we were able to point to the Official Opposition and say they’re on our side too. Read what Mr Campbell said! Look at the words of Mr DeJong! See what the next Attorney-General of BC says! See, there’s a very legitimate issue here!

Now we know you were just posturing, playing us all for fools and ever ready to betray the allies you were delighted to have on your side before the election.

Let me put it to you straight Premier Campbell, Minister DeJong and Mr Attorney-General Plant. You complained bitterly at the NDP 1997 fudget budget … that they had run in the 1997 election under false pretences … and you were right.

Look in the mirror boys and you’ll see another bunch of win at all costs politicians who ran the 2001 campaign on an aboriginal policy they abandoned after winning just as quickly as the NDP recanted their false budget, leaving their friends in the lurch.

Sure you would have won the election anyway but that doesn’t in any way diminish the fact that you cheated the electorate and those who, when you needed them, rushed to your side.

Shame on you!