Gordon Campbell will receive Order of B.C. even though he was an MLA on nomination deadline
A commenter on this site named John C. Turner has pointed out an intriguing anomaly in the Order of British Columbia going to former premier Gordon Campbell.
According to a news release issued earlier this year by the Province of British Columbia, the deadline for nominations was March 10.
Section 17 of the Provincial Symbols and Honours Act states that a "person who is an elected federal, provincial or municipal representative is not eligible to be appointed a member of the Order while that person remains in office".
As of the March 10 deadline for nominations, Campbell was still the B.C. Liberal MLA for Vancouver–Point Grey.
He didn't resign until March 15.
There's no nomination deadline in the legislation. According to the law, the recipient can't be elected when he or she gets the award.
Chief Justice Lance Finch headed the committee recommending the nominations. The B.C. Liberal cabinet granted the awards.
Anyone can file a petition in court under the Judicial Review Procedure Act and seek a court order from a judge declaring that the award to Campbell is illegal.
However, it's hard to imagine any judge calling out the chief justice for being a part of the granting of an "illegal" award—considering that there is no legislated deadline for nominations.
The outrage will likely fester over Campbell's award for quite some time, but it's unlikely to be overturned.
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