A judge has refused to put a halt to a B.C. referendum this fall on whether to change the current voting system to proportional representation.

The Independent Contractors and Businesses Association (ICBA) and another organization filed a court petition opposing the referendum on the grounds it has been rushed and involves confusing and complex questions for the voters.

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They sought a stay or suspension of a cabinet order-in-council on the referendum pending a determination of the issues raised by the petition and an order prohibiting the counting of referendum ballots until the issues are dealt with by the court.

But in a ruling handed down Tuesday, B.C. Supreme Court Justice Miriam Gropper declined to grant an injunction in the case.

In reaching her decision, the judge noted that there were three aspects to a legal test to determine whether an injunction should be approved.

Regarding the issue of whether there was a serious issue to be tried, the judge said there was a low threshold to determine that question and accepted that the ICBA had met that threshold.

But on the final two questions — whether there would irreparable harm to the ICBA if the injunction was not granted and where the balance of convenience lay — the judge ruled in favour of the B.C. government.

The ICBA chafed at a $200,000 restriction on third-party advertising during the referendum campaign, claiming it violated the Charter, but the judge found that the petitioners were not being silenced by the process and that there was no irreparable harm.

In concluding that the balance of convenience favoured the government, the judge found that the petitioner’s allegations engaged “rhetoric,” “conjecture” and “exaggeration.”

The referendum involves a two-part question asking voters whether they favour the long-standing first-past-the-post system of voting or whether they want a new system of proportional representation.

The referendum campaign period began July 1 and the voting period was to begin Oct. 22, with the voting to end Nov. 30.

In a press release, the ICBA, a lobby group representing about 2,300 companies across B.C., said that it was considering its options and was “disappointed” that the court was “unwilling to press the pause button” on holding the referendum.

“The courts rarely, if ever, grant such an injunction, and Justice Gropper made that point clearly in her decision today,” said the release.

“We understood this likelihood but given the critical importance of this matter and the very short time frame which the NDP government set for the referendum period we decided to pursue this course of action.”

The release added: “ICBA feels very strongly that the NDP government shouldn’t be allowed to present the public with very confusing questions rigged to promote a vote in favour of proportional representation and to prevent the public from getting the information it needs to make an informed decision.”

Ravi Kahlon, an NDP MLA, said he wasn’t surprised by the ruling.

“Both the B.C. Liberals and their allies, the ICBA, made it clear that they were going to do whatever they could to both win the referendum and also go to the extent of ensuring that people don’t have the opportunity to vote in the referendum,” he said Tuesday.

“So I’m pleased with the ruling and look forward to continue to urge people to get involved and get engaged in the (referendum) campaign.”

Attorney General David Eby said he was pleased that the courts had defended the right of British Columbians to vote on whether to change or keep the current system of voting.

“The referendum is an opportunity for everyone in British Columbia to express themselves on the future of our democratic system,” he said.