Special Edition - Bill 7: Eby Power Grab Partially Walked Back

Legally Speaking with Michael Mulligan

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Premier David Eby's partial retreat on the Economic Stabilization Tariff Response Act marks a significant moment in BC's response to US tariff threats. While the government has agreed to remove Part 4 of Bill 7—the section granting powers to amend legislation without parliamentary approval—legal expert Michael Mulligan reveals why serious concerns remain.
The bill still contains provisions allowing the government to unilaterally cancel contracts, change procurement practices, and impose taxes without legislative debate. Particularly troubling is language that prevents affected parties from seeking judicial review of government actions—a fundamental protection in democratic systems. "Protection against legal proceedings" suggests the government wants to shield itself from court challenges, raising serious questions about accountability.
Mulligan's analysis cuts to the heart of democratic governance: should we empower executives with unilateral authority, even during international disputes? He draws a striking parallel between the chaos of Trump's tariff decisions and the risks of BC's proposed response: "Left-wing populism is not a good response to right-wing populism." The comparison to Ontario Premier Doug Ford's hasty electricity tariff—quickly announced, then withdrawn—serves as a cautionary tale about reactive governance without deliberation.
The remaining sections of Bill 7 grant more extensive powers than were used during the COVID-19 pandemic, despite facing only economic threats rather than a public health emergency. As Mulligan notes, "We are not at war with the United States." Want to understand the delicate balance between government authority and democratic safeguards? Listen to this essential breakdown of how emergency powers can fundamentally reshape governance when we're not looking closely enough.

Follow this link for links to the legislation discussed.

Chapters

1. Premier Eby walks back bill (00:00:00)

2. Michael Mulligan outlines key concerns (00:01:17)

3. Remaining problematic bill sections (00:04:49)

4. Appropriate response vs unilateral action (00:06:44)

5. Judicial review and legislative process (00:10:00)

6. Conclusion and legal perspective (00:14:43)

255 episodes

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