JCCF sends BC MLAs warning letter over controversial Bill 7

A proposed law granting sweeping powers to the British Columbia government is facing strong opposition from legal experts, who warn it is undemocratic, unnecessary, and undermines the rule of law.

The Justice Centre for Constitutional Freedoms has sent a legal warning letter to all Members of the Legislative Assembly (MLAs) urging them to reject Bill 7, the Economic Stabilization (Tariff Response) Act.

The bill, which passed its first reading on March 13, would give the Lieutenant Governor in Council unprecedented authority to override or modify existing laws without legislative approval.

Premier David Eby has defended Bill 7 as a necessary response to economic challenges caused by tariffs imposed by the United States amid an ongoing trade war with Canada. However, legal critics argue the legislation grants the government unchecked power and threatens the constitutional separation between legislative and executive branches.

The legal warning states that Bill 7 effectively allows the government to “make exemptions from the requirements of legislation, modify requirements, and establish powers or duties in addition to what is set out in legislation.” This would enable the provincial government to suspend laws passed by the Legislature without additional oversight.

Opponents have labeled this a “Henry VIII clause,” referring to the notorious English monarch known for consolidating power and bypassing legislative constraints.

According to the Justice Centre’s letter, such clauses can be legal only if they do not amount to the Legislature abdicating its role — something critics argue Bill 7 does by providing overly broad powers with minimal restrictions.

Under the bill, the only explicit limitations on government authority pertain to environmental assessment requirements for natural resource projects and legal provisions related to Indigenous engagement.

Beyond these narrow exceptions, the bill permits the government to act in ways it deems necessary to address economic threats from foreign jurisdictions, reduce interprovincial trade barriers, or support the provincial and national economy.

Legal experts warn that these vague justifications create a dangerous precedent.

“Bill 7 is comparable to the War Measures Act in terms of the breadth of the power it would grant a government,” said lawyer Hatim Kheir.

He emphasized the importance of protecting democratic principles and the rule of law, urging MLAs to reject the bill.

The warning letter also questions the necessity of Bill 7, pointing out that BC’s Legislative Assembly already has mechanisms in place to address urgent matters. Existing procedures allow urgent government business to take priority and even permit bills to pass all three readings in a single day when required.

As the bill progresses through the Legislature, its potential implications are drawing increasing scrutiny. Critics argue that if passed, Bill 7 could fundamentally alter the balance of power in British Columbia, eroding legislative oversight and threatening democratic accountability.