In March of 1837, Lord John Russell passed a number of resolutions through the House of Commons that allowed, for a limited time, the Governor of Lower Canada to payout of public funds - without the consent of the assembly - the salaries and emoluments due to those on the "Civil List," and thus allowed what had been for centuries impossible in England, which was to spend public money without the consent of those taxed for it.
The policy of requiring consent before appropriating public revenue continued under the British North America Act of 1867.
Legislatures in Canada were bound by Articles 53 and 54: "Bills for appropriating any part of the public revenue, or for imposing any tax or impost, shall originate in the House of Commons" (53) and "It shall not be lawful for the House of Commons to adopt or pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to that house by message of the Governor-General in the Session in which such vote, resolution, address, or bill is proposed" (54).
According to the late Mel Smith, a long-time constitutional advisor to successive B.C. governments, this policy disappeared in British Columbia in 1987:
"The time-honoured parliamentary principle of members having to obtain legislative approval for changes in their pay, perks and benefits survived in British Columbia until 1987, when with a wink and a nod from both sides of the House, they passed the Legislative Assembly Board of Internal Economy Act.
"This permits the Board, comprised of the Speaker, the house leaders and caucus chairmen, to run roughshod over a number of provincial statutes and entrusts to itself the power to set the salaries, benefits, expenses, allowances and severance pay of all members of the legislature.
"This included the special benefits paid to the board members themselves, by virtue of the respective offices they hold.
"The Board meets in private, it does not make public its decisions, it need not even advise the legislature of its actions, and it has unlimited access to funding through an open-ended provision that allows it to draw directly from the consolidated revenue fund."
The ex-Chief Justice of the Supreme Court of Canada, Beverly McLachlin, was asked to lead an investigation into the wrongdoings by the B.C. Legislature's two top officials, with a report due May 3.
Her report should be made public.
Two months later, the B.C. government said it would implement accountability reforms at the legislature, but there wasn't a commitment to review the Legislative Assembly Board of Internal Economy Act of 1987.
This was the legislation that allowed the abuse of public funds in the first place.
There should be a forensic audit or comprehensive review of all that has been allowed by the board, including the increase in the salaries, benefits, expenses, allowances and severance pay garnered by the members of the board as well as that received by all of the MLAs and staff, without a debate.
In order to achieve full accountability reforms, and restore the public trust sought by the government it is essential that all those that took advantage of the provisions of the Legislative Assembly Board of Internal Economy Act, whether they were members of the board, or of the legislature.
They must be made known by full public disclosure.
Also, the act must be repealed to comply with the protections of public funds as found in the BNA Act of 1867, articles 53 and 54.
If Clerk Craig James and Sergeant-at-Arms Gary Lenz are to be publicly vilified, all those who profited in any way from the provisions in the Legislative Assembly Board of Internal Economy Act should also be held to account.
Abe Bourdon
Clinton
