Independent MLAs cry foul after Brodie's private members' bill quashed before proceeding to debate

Dallas Brodie and her fellow Independent MLAs have accused the BC Conservatives of working with the BC NDP to quash her private members' bill.

Speaker Raj Chouhan terminated the Tax Relief and Tariff Defence Act on Monday after finding that it violated Standing Order 76, which states that any legislation that affects the constitution "must be introduced by member of the government or with the sanction of the government."

Government House Leader Mike Farnworth, Green Party Leader Jeremy Valeriote, and Opposition House Leader Peter Milobar all made the case against proceeding to debate Brodie's bill.

"I'm not surprised that the NDP opposed this bill," Brodie said after Chouhan made his ruling. "They are the ones piling up mountains of taxes, spending, and red tape. But this is a new low for the BC Conservatives! Teaming up with David Eby to block tax relief for British Columbians?"

Her sentiments were shared by Tara Armstrong, who said she was "shocked" that BC Conservative leader John Rustad "won't let his MLAs support a law to cut taxes for BC workers and businesses."

"I'm used to seeing these sort of tricks by the NDP," Jordan Kealy added. "All they do is hike taxes, spend our money, and make life more complicated for people who actually work for a living. But now the BC Conservatives have become the exact same thing."

"Clause 13 of [Brodie's bill] directly pertains to the aboriginal and treaty rights recognized in section 35, subsection one of the Constitution Act 1982," Chouhan explained. "This clause and other provisions of the bill offend Standing Order 76, touch upon the prerogatives of the Crown, and conflict with Section 8.1, subsection two of the Provincial Interpretation Act."

He added that as a result, Brodie was "moved to the bottom of the list of precedence for consideration of private members' business."

In his address to Chouhan, Milobar referenced clause 13, arguing that it "clearly references section 35 of the Constitution Act of 1982," and thus "clearly appears to be in contravention of Standing Order 76."

"Private members' time is very important, but so is maintaining the integrity of our democratic processes and ensuring that the time is being used to bring forward that can be lawfully advanced," he added. "If we are going to be spending time on bills, we need to make sure that they do meet that very high threshold."

Brodie argued that her bill "specifically says it does not infringe on any aboriginal rights as contained in section 35 of the Constitution Act of Canada," adding that she had "consulted with one of Canada's leading aboriginal law scholars," who "confirmed that this bill does not, in fact, conflict with anything that's laid out in the Constitution."