Regulation Over Policy as Law

As most of you know the government of BC has begun the first public liquor consultation in almost 60 years and CAMRA BC is all over it. The consultation comes in 2 phases, the first was a letter to key industry people and stakeholder groups asking them if they want to make any suggestions on changes to BC’s liquor laws – CAMRA BC received the letter and have arranged a meeting with John Yap MLA and the BCLDB to put the needs of the consumer first – after all we’re the biggest and most important stakeholders in the industry. Over the next few weeks I’ll be writing a few posts about CAMRA BC’s suggestions in the run up to the phase 2 public consultation which starts in a few weeks.

 

This next subject is a tricky one – but at it’s heart is a need for democratic oversight in liquor regulation. For years unelected bureaucrats like Karen Ayers have had the freedom and power to write liquor policy off the top of their heads. They have been accused of using this power to personally victimize individuals and organisations that had crossed them – you won’t have to go far to find someone with a liquor policy horror story although you won’t get them to on the record about it as they still live in fear of repercussions from the LDB – something that should be utterly abhorrent to anyone living in a supposedly democratic society.

Because these beauraucrats were only writing “policy” there wasn’t any real oversight from MLAs or ministers who usually have more important golf games and expense accounts to busy themselves with, the problem is that policy can’t be challenged in the same way laws and regulations can be, in fact the only way to fight one of these policies is with a judicial review which costs tens of thousands of dollars and can take years to complete – something that is way beyond the means of most individuals and business.

Laws and regulations on the other hand require much more public input and have a clear (and sensible) system for appeals, so CAMRA BC – Vancouver Chapter is requesting that much of the unnecessary, confusing, inconsistent and badly-written policy that has been made up on the fly be converted into cohesive regulations with input from the public and stakeholders. We know that the LDB aren’t keen on this – after all they want to keep the ability to write “policy as law” whenever they want – we just feel that in a democratic society there should be proper oversight.

Speaking of oversight, the appeals process could follow the simple formula used by other provinces where a panel made up of members of the non-industry general public quickly assesses the situation and decide on a course of action that they feel is right for BC, not what’s right politically or favouring party donors.

Adam Chatburn,
President, CAMRA BC – Vancouver Chapter


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