Same as last time

*** BC's Election Records: Why Can't the Public See Them? *** On October 19, 2024, 2.1 million British Columbians voted in a provincial election. At every one of the 93 voting places across the province, two things happened after the polls closed that most people don't know about. First, a results tape was printed by the tabulator machine that counted your ballots. Elections BC's own mandatory procedure required that tape to be posted on the wall of the voting place for anyone present to see. Candidates signed it. Scrutineers photographed it. It was public by design. Second, a ballot account, a record of every ballot issued, cast, spoiled, and accounted for, was completed at every voting place. The Election Act itself says ballot accounts must be available for public inspection. At non-tech voting places, Elections BC's own guide required that copies be physically handed to candidate representatives on election night. These records were never secret. They were created to be public. Under s.275(1) of the Election Act, any member of the public had the right to attend Elections BC's office and obtain copies of these records at reasonable cost during the one-year retention period, no FOIPPA request required. That window closed on October 20, 2025. By the time I submitted my first formal request in December 2025, that standalone right was already gone. FOIPPA was the only remaining door. Elections BC closed it too. Both requests were denied under s.3(1)(c) of FOIPPA, a provision designed to protect the internal deliberative records of officers of the Legislature. Elections BC pointed to a 2020 OIPC Order (F20-11) as authority. But F20-11 addressed something entirely different: a complaint letter, emails, and an investigative report from an internal Elections BC investigation. It never addressed tabulator tapes or ballot accounts. It never addressed records that were posted on walls, handed to candidates, and designated for public inspection by the Election Act itself. I appealed to the Office of the Information and Privacy Commissioner. The file was closed on March 31, 2026 in a single paragraph, without any consideration of s.275(1) of the Election Act, without addressing s.149(7)'s paramountcy clause requiring the Election Act to prevail over FOIPPA in cases of conflict, without applying the administrative versus operational distinction that the OIPC's own Adjudication No. 10 requires, and without engaging s.25(1) of FOIPPA, which mandates disclosure in the public interest regardless of any exemption. The OIPC simply accepted Elections BC's position and closed the door. The result is a complete access blackout. No remedy exists under any framework. The in-person window expired. FOIPPA was blocked. The OIPC declined to engage. Records that were publicly posted on walls on election night are now permanently inaccessible to the public that voted in the election that produced them. I have filed a formal reconsideration citing the Supreme Court of Canada. In Dagg v. Canada (1997), Justice La Forest wrote that the overarching purpose of access to information legislation is to facilitate democracy, to ensure citizens have the information required to participate meaningfully in the democratic process and that governments remain accountable. The BC Legislature's Special Committee on Democratic and Electoral Reform invited public submissions on the 2024 election in the winter of 2025, AFTER records were closed to public. In 2024 BCSC 345, a BC Supreme Court judge stated plainly that "access delayed is access denied." That right should not require a lawyer. And the body (OIPC) that exists to protect it should not wave it away in a single paragraph. We Keep Going

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