I just returned from a trip to Vancouver, B.C. and even in that beautiful city had occasion to think of a few things political and legal:
1. Our Governor was all over the news during my five days in British Columbia! While his activities as diplomat do not include the force and effect of a formal treaty, he seemed to get a lot done on a "voluntary" basis. He signed memoranda of understanding with Canadian provincial leaders and with the conservative Canadian Prime Minister on a range of issues, including the environment, and also some conservative icons too, such as copyright protection. Know which place in the world is the biggest infringer on intellectual property rights of the entertainment industry, through pirated copying? Phillipines? China? Nope! Guess Quebec and you got it right! The Governor inked an agreement with the P.M. which will include a promise to introduce legislation that for the first time will make copyright infringement of this type a crime.
2. No recall in Canada? Can you imagine a Mayor of a city in California who gets drunk, goes to his girlfriend’s house, assaults her, publicly admits he is alcoholic, goes into rehab, and yet can avoid a recall and keep his $68,000 job? Well, that’s the case today in a small city in B.C. Recall is only available for provincial (state) elected officials in Canada, and not local officials like Mayors and "Counsellors" in cities. Canada may need a Pacific Northwest version of Hiram Johnson to get initiative, referendum, and recall enacted throughout the system. Calling Howard Jarvis!!!!!!
3. No Brown Act in Canada? It’s true, local government is under no enforceable constraint to commit itself to "openness" as per the Ralph M. Brown Act in California. While there is a kind of "freedom of information" act, transparency in government proceedings remains something people in localities can just complain about, and while they can try to use the ballot box to achieve more "transparency," by electing "reform" candidates, that is it. Given the high interest in land development in areas like B.C., "transparency" in British Columbia is just as big an issue as it is in Capistrano Unified School District — which is constrained by the Brown Act (but you’d never know it under former Superintendent Jim Fleming!).
Regardless, and despite being on vacation, it was great to see our Governor prominently on the Canadian T.V. and in the newspapers, exchanging Ducks and Senators jerseys with P.M. Steven Harper, getting respect, pushing California wines, and yes, even his hoped for Pacific coast "hydrogen highway."