Ontario Law Society to discuss scheduling of Erik Bornmann's "good character" hearing at meeting Tuesday July 3

The key Crown witness in the breach of trust and fraud trial of former BC Liberal ministerial aides David Basi and Bob Virk - lobbyist Erik Bornmann - continues his efforts to become an Ontario lawyer on Tuesday July 3 in Toronto.

The Law Society of Upper Canada confirmed Thursday that a scheduling meeting will be held Tuesday to discuss when Bornmann's "good character" hearing will take place.

In November 2006 that "good character" hearing was delayed due to the impending trial of Basi and Virk.

As I reported exclusively in 24 hours and this blog, the hearing into Bornmann's "good character" resulted from a complaint to the Law Society. Police have alleged that Basi and Virk were bribed by Bornmann to obtain confidential government documents related to the $1-billion B.C. Rail privatization. Bornmann was a lobbyist for OmniTRAX, one of the bidders.

Law Society Communications Manager Lisa Hall said today that the July 3 meeting of the Hearing Management Tribunal is to deal with scheduling the Bornmann hearing not the "good character" issue itself.

"The merits are not being spoken to," Hall said. She was unable to say if the scheduling meeting was open to the public or the media.

Anyone admitted to the bar must be of "good character" according to Bar Society regulations.

Those regulations read in part:

"Part VI: Good Character Requirement

10. Good Character

(1) In order to be admitted into the Licensing Process, an applicant shall be of good character.

(2) A student shall be of good character.

(3) In order to determine whether the applicant or student is of good character, the Society may require the applicant or student to provide information and/or supporting documentation regarding good character."

Bornmann has also attempted to gain admission to the New York State bar as a lawyer and has passed the New York bar exam, as reported in 24 hours and this blog exclusively last month.

Bornmann's lawyer, Bryan Finlay, had asked in November 2006 to delay the "good character" hearing until after the Basi-Virk trial, which was then presumed would take place in the spring of 2007 but has since been delayed.

Finlay wrote on November 21, 2006 to the LSUC: "Consequently we would ask that this hearing be adjourned to July 2007 to set a date. It may be that if the criminal trial is further delayed, there will be a need to proceed with this Hearing without further delay. Erik's professional life cannot be held in abeyance for years."

Bornmann's lawyers had wanted the media and public excluded from the originally-scheduled hearing or a publication ban imposed. At that time Vancouver lawyer Dan Burnett said in an interview that his client, Global Television, was planning on arguing against such a ban or exclusion had the hearing proceeded.

BC Liberals don't care as family-supporting jobs lost in aircraft, forest industry

Bill Tieleman’s 24 Hours Column
Tuesday June 26, 2007

No sympathy from Grits over pink slips

By BILL TIELEMAN

Seven hundred tons of metal a day
Now sir you tell me the world's changed
Once I made you rich enough
Rich enough to forget my name

- "Youngstown", by Bruce Springsteen

Decent, family-supporting jobs are disappearing from British Columbia. But the B.C. Liberal government doesn't seem to care.

This month 667 aircraft mechanics and heavy maintenance technicians got pink slips at Air Canada Technical Services at Vancouver International Airport in Richmond.

The jobs of another 450 workers at the Canfor sawmill in Mackenzie will be history by August.

Catalyst Paper is closing its Port Alberni paper mill - goodbye to 185 jobs by September, despite city council cutting company taxes by $1.2 million. And it will cut 130 more jobs at its Vancouver head office.

Overall, the province lost 13,700 manufacturing jobs between 2004 and 2006, according to B.C. Stats, the government's own agency. *NOTE NEW LINK ABOVE TO BC STATS*

And nothing but silence from Premier Gordon Campbell. Consider the case at Vancouver International Airport.

You might think losing 667 jobs that pay on average about $60,000 and that total about $40 million annually would be a big concern for Campbell and his cabinet.

But neither Campbell nor a single Liberal MLA has spoken out about the damage this will inflict on the workers or the province.

And it gets worse.

Transportation Minister Kevin Falcon told the union representing those workers that he had better things to do than worry about their impending job losses.

"Kevin Falcon told us it wasn't a provincial matter and he didn't have time to look into it. It was disgusting," says Tania Canniff, President of the International Association of Machinists and Aerospace Workers Local 764.

Canniff only got the meeting in April because she is one of Falcon's constituents in his Cloverdale riding.

"No other Liberal MLA has contacted us at all," Canniff told 24 hours, even though all of Richmond is represented, using the term loosely, by B.C. Liberal MLAs.

Not even Labour Minister Olga Illich replied to IAMAW 764's letter of concern about the massive layoffs, Canniff said, despite the fact Illich is MLA for Richmond Centre. Nor has Minister of State Linda Reid, MLA for Richmond East or MLA John Yap for Richmond-Steveston.

But Illich's website does feature important items like: "Richmond Receives Funding to Remove Noxious Weeds, Ilich Announces".

B.C. Federation of Labour President Jim Sinclair isn't surprised.

"This government has no commitment to good paying jobs, period," Sinclair said in an interview.

"The economic boom is not being driven by manufacturing - it's fueled by high commodity prices, especially energy, and high housing prices," Sinclair says. "If we're going to compete with the world, we're going to do it with decent paying jobs and highly trained skilled workers."

Maybe, but not when the only finger Campbell, Falcon and Illich lift to save them is the middle one.

Why Gordon Campbell makes me - and health care workers - so angry

Bill Tieleman’s 24 Hours Column
Tuesday June 19, 2007

Let's get angry with Gordo

By BILL TIELEMAN

The world needs anger. The world often continues to allow evil because it isn't angry enough.

- Father Bede Jarrett

Maybe it's the lousy June weather or paying taxes for a non-stop stream of "B.C. is the best place on earth" television ads - like we don't already know! - but I can't believe how angry I am with the B.C. Liberal government.

The most likely reason, however, is Premier Gordon Campbell's outrageous attitude.

The Supreme Court of Canada ruled this month that Bill 29, legislation Campbell used to rip up collective agreements, was illegal. About 8,000 healthcare workers lost their jobs to privatization.

Meanwhile about 650 more healthcare workers face firing shortly, thanks to employers still using Bill 29.

But now Campbell says he won't stop the layoff notices.

So more workers will be terminated - because the court gave the government up to 12 months to fix the problem and Campbell says he's in "no hurry".

Then I got this letter from a healthcare worker.

"Thanks for your article in 24 hours. Finally I felt someone was on our side after five years of disbelief and complete frustration. I also wanted to take this opportunity to give sincere gratitude to the six judges who saw what us health-care workers saw all along," this woman wrote. [I can't even identify her for fear she would be disciplined.]

"However, I wish they never gave Mr. Campbell a year to fix this. Mr. Campbell never gave any of the health-care workers a year," she continued.

"I have been a health- care worker for the past 21 years in the same facility.

"I started as care aide, housekeeper and my current position as a laundry aide. I wanted the public to know we are hard workers who care about the people who are in our care," she said.

"If you think I only do laundry you are truly wrong. These people are in my heart. When I walk by and they ask me to help them, I do with a smile," she concluded, after pointing out her wages were also dramatically cut by the Liberals.

Why were so many hard working, honest people who care about their patients mistreated so badly? And does Campbell allow it to continue for another year?

But that's not all I'm mad about. Campbell and Health Minister George Abbott blame "judicial activism" for the Supreme Court decision.

Since when is it "judicial activism" to expect a government to respect legally-binding, freely-negotiated written agreements?

It's bad enough that this government consistently breaks its word - remember Campbell promising he wouldn't sell B.C. Rail and then did? - but legislatively violating legal contracts is even more appalling.

And continuing to abuse health care workers is unconscionable.

Rest In Peace - Brother Ray Whitehead

Ray Whitehead January 15, 1941 - June 11, 2007

My friend and a true friend to working people died last week. He will be missed by many. Here is Ray's obituary, with details on the memorial on Tuesday June 19.


WHITEHEAD _ George Raymond (Ray). Born January 15, 1941 in Victoria, BC, passed away June 11, 2007 in Coquitlam, BC at age 66 after a long, courageous battle with lung cancer. Predeceased by his wife Patricia and his sister Eleanor; Ray is survived by his mother Edith; brothers Paul and Ken; sons Andrew and Tim; daughters-in-law Samantha and Erin; and his very good friend Kathy Watkins, and her children Keri, Rob and Kathy.

A long time representative for CUPE in many capacities, Ray was also a long time member of the Royal Canadian Legion, the Board of Directors for BC Ferries and the Board of Directors for the BC Safety Authority.

A service in Ray's honour will be held on Tuesday, June 19th at 2 pm at the Burquitlam Funeral Home, 625 North Rd, Coquitlam, with a reception to follow at Royal Canadian Legion #263 - 1025 Ridgeway, Coquitlam.

Ray's remains will be interred in a plot with his wife in Knowles Cemetery near Simcoe, Ontario. In lieu of flowers, donations can be made to the Pat Whitehead Books for Children Fund, c/o Mission Health Unit, 32618 Logan Ave, Mission, BC V2V 6C7.

Published in the Vancouver Sun and The Province from 6/16/2007 - 6/17/2007.

Erik Bornmann, Basi-Virk key Crown witness alleged to have bribed government officials, passes New York State bar exam

Key witness passes NY bar exam

Basi-Virk trial

June 14, 2007

By BILL TIELEMAN, 24 HOURS

Erik Bornmann, the subject of police allegations filed in B.C. Supreme Court that he bribed two provincial government officials involved in the $1 billion B.C. Rail privatization, has passed the New York State bar examination required to become a lawyer, 24 hours has exclusively learned.

Bornmann is the key Crown witness in the trial of ex-ministerial aides David Basi and Bob Virk. They face breach of trust and fraud charges for allegedly taking benefits to provide inside B.C. Rail information to Bornmann, then a lobbyist for OmniTRAX, one of the bidders.

But Bornmann could become a New York lawyer there if he successfully completes two more tests, says John McAlary, Executive Director of the New York State Board of Law Examiners.

"Mr. Bornmann passed the exam but he is not certified for admission," McAlary told 24 hours from Albany, New York. "He's not been admitted to the New York bar because he's missing his Multistate Professional Responsibility Exam."

"That ethics exam is required to be admitted," McAlary said. "He may have taken the test but not filed it with us."

McAlary said Bornmann must also be approved by the New York State Supreme Court's Appellate Division.

"The Appellate Division would do a background check and determine if he passed the 'good character' test," McAlary said.

When told by 24 hours of allegations that Bornmann bribed public officials, McAlary responded: "That would be unusual, even in New York."

Bornmann's lawyer George Macintosh declined to comment when contacted by 24 hours.
McAlary confirmed that Bornmann passed the New York exam in July 2006.

Bornmann left an articling law student position at the Toronto firm McCarthy Tetrault after 24 hours reported about it last year.

Bornmann also withdrew an application for admission to the Law Society of Upper Canada in Ontario prior to a 'good character' hearing scheduled for November 2006.

Bornmann's lawyer at the time had asked that the media and public be banned from that hearing or a publication ban be imposed.

Gordon Campbell Liberals should be ashamed after ripping up union contracts ruled illegal by Supreme Court

Bill Tieleman’s 24 Hours Column

Tuesday June 12, 2007

Let's compensate our health workers

By BILL TIELEMAN

But even by his own steamroller standards, Premier Campbell violated a basic covenant on the weekend by forcibly rewriting legal, negotiated contracts that were still in force. If he is not prepared to respect so basic a legal agreement, what other contracts is he prepared to rip up? This is not reform. It is legislative vandalism.

- Globe and Mail editorial on Bill 29, Jan. 30, 2002

Canada's highest court has ruled that Premier Gordon Campbell's "legislative vandalism" is illegal.

On Friday the Supreme Court of Canada looked at B.C. Liberal legislation that ripped up freely negotiated, legal collective agreements and rejected it.

It is a stunning and welcome repudiation of reprehensible actions that took away the jobs of about 8,000 health-care workers through privatization.

Those same workers, who were so terribly mistreated, should now be compensated by the Campbell government.

Most of those workers were Hospital Employees' Union members and just before the 2001 election Campbell blatantly lied to them to get their votes.

"First of all, I don't believe in ripping up agreements ... I have never said I would tear up agreements," Campbell told the HEU Guardian newspaper.

Then he did exactly that in January 2002.

Perhaps the most despicable thing was that the workers affected were mostly women, many of them immigrants who fled repressive countries where undemocratic governments had no respect for the rule of law.

These employees had bought homes and cars, signed mortgages and loans on the basis that they had secure work.

Then they discovered a deceitful government could take away their jobs and even worse, rescind their legal contracts.

Campbell and his MLAs, with one exception, should hang their heads in shame. The exception is Blair Lekstrom, the Peace River South Liberal MLA who joined NDP MLAs Joy MacPhail and Jenny Kwan in voting against Bill 29.

Governments are always wrong when they become bullies and break their word - and the law.

A previous New Democrat government learned that the hard way too. When it cancelled a freely negotiated agreement with Carrier Lumber, the B.C. Supreme Court intervened, awarding $150 million to the company.

Ironically, the B.C. Liberals have actually strengthened the role of unions across Canada by forcing the Supreme Court to entrench labour rights in law.

"The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and thereby gain some control over a major aspect of their lives, namely their work," Chief Justice Beverley McLachlin and Justice Louis LeBel wrote in the 6-1 majority decision.

Now the B.C. Liberal government must pay the price for illegal legislation they wrongly forced on health-care workers.

Tieleman's Nightline BC show lineup for tonight - Friday June 8 7-9 p.m. on CKNW & Corus Radio Network

Here's the great lineup for tonight's Nightline BC show I'm guest hosting from 7 to 9 p.m. tonight - Friday June 8 - from 7 to 9 p.m. on CKNW AM 980 and the Corus Radio Network in BC - or online at www.cknw.com

7 p.m. MARK EYKING - FEDERAL LIBERAL CRITIC FOR C.I.D.A (CANADIAN INTERNATIONAL DEVELOPMENT AGENCY) & M.P. FOR SYDNEY—VICTORIA TALKS ABOUT THE G8 MEETING AND PRIME MINISTER STEPHEN HARPER NOT MEETING U2'S BONO.

7:30 p.m. CHIEF BOB HILL - ELECTED CHIEF COUNCILLOR FOR HARTLEY BAY ON RAISING SUNKEN THE QUEEN OF THE NORTH

8 p.m. GEORGE HEYMAN - PRESIDENT OF THE B.C. GOVERNMENT AND SERVICE EMPLOYEES UNION (BCGEU) FOLLOWED BY GEORGE ABBOTT - B.C. HEALTH MINISTER ON THE IMPACTS OF THIS LANDMARK SUPREME COURT RULING DECLARING FOR FIRST TIME THAT COLLECTIVE BARGAINING RIGHTS ARE PROTECTED BY THE CHARTER OF RIGHTS AND FREEDOMS

8:30 p.m. EARL HANDEL - SPOKESPERSON FOR THE PALESTINE MEDIA COLLECTIVE, WHICH DISTRIBUTED 12,000 FAKE EDITIONS OF THE VANCOUVER SUN YESTERDAY AS AN ACT OF PROTEST AGAINST ALLEGED ANTI-PALESTINIAN BIAS OF MAINSTREAM MEDIA

Basi-Virk defence disclosure application - full text as filed in BC Supreme Court June 4, 2007

Basi-Virk Defence Disclosure Application filed Monday June 4, 2007 in BC Supreme Court and released on Thursday June 7, 2007

The following is the complete document filed by defence lawyers for David Basi, Bob Virk and Aneal Basi as obtained today through the BC Supreme Court registry office.

It is being posted here as a public service to those interested in this important case.

I take responsibility for any inadvertent typographical or spacing errors

- Bill Tieleman

* * * * * * * *

JUN 04, 2007 Court File No. 23299
Vancouver Registry

THE SUPREME COURT OF BRITISH COLUMBIA


BETWEEN:

REGINA
Respondent

AND:

UDHE SINGH (DAVE) BASI, BOBBY SINGH VIRK, ANEAL BASI
Applicants

NOTICE OF APPLICATION FOR

PRODUCTION OF RECORDS IN THE POSSESSION OF

THE PROVINCE OF BRITISH COLUMBIA

TO: George Copley, Q.C. Counsel for the Record Holder, the Province of British Columbia
6th Floor - 1001 Douglas St
Victoria, B.C. V8W 9J7


AND NOTICE TO:

William Berardino, Q.C. Special Prosecutor
Hunter Litigation Chambers
2001 — 1040 W. Georgia Street
Vancouver, B.C. V6E 4H1

TAKE NOTICE that an application for records in the possession of the Province of British

Columbia will be brought before Madam Justice Bennett on behalf of the accused persons, Udhe Singh

(Dave) Basi (hereinafter, “Mr. Basi”), Bobby Singh Virk (hereinafter, “Mr. Virk”) and Aneal Basi

(hereinafter, “Mr. A. Basi”). This application is returnable for June 7, 2007 at 10:00 a.m at the

Courthouse located at 800 Smithe Street, Vancouver at which time a date will be fixed for the hearing

of the application. The Applicants are seeking the following Orders:

1. That all records, documents and information, including information in electronic form (collectively, the “Records”) held in any office, storage facility or repository by:

a. Premier Gordon Campbell and the Premier’s Office including the Correspondence Branch and Cabinet Operations, and all other deputies and staff of the Premier’s Office, including but not limited to Martyn Brown, Brenda Eaton, Ken Dobell, Tom Syer, Jay Schlosar, Dave Cunningham, Hazel Mitchell, Sam Marja, Cynthia Haroldsen, Lara Dauphinee and Mike Morton;

b. former Minister of Finance Gary Collins (hereinafter, “Minister Collins), his Office, his deputies, assistants and staff including but not limited to Paul Taylor, David Morhart, Chris Trumpy, Adam Buchanan, Robert Paulizyn and Melanie Hughes;

c. former Minister of Finance Colin Hansen, his Office, his deputies, assistants and staff;

d. current Minister of Finance Carole Taylor, her Office, her deputies and staff;

e. former Minister of Transportation Judith Reid (hereinafter, “Minister Reid”), her Office, her deputies, assistants and staff including but not limited to Dan Doyle and Kathie Miller;

f. current Minister of Transportation Kevin Falcon, his Office, his deputies, assistants and staff;

g. former Solicitor General Rich Coleman (hereinafter, the “Solicitor General”), his Office, his deputies, assistants and staff including but not limited to Tobie Myers;

h. Assistant Deputy Minister and Director of Police Services Kevin Begg (hereinafter, the “Assistant Deputy Minister”), his Office and staff;

i. current Solicitor General John Les, his Office, his deputies and staff

j. former Speaker of the House, Claude Richmond (hereinafter, the “Speaker”), his Office, his deputies and staff;

k. current Speaker of the House, Bill Barisoff, his Office, his deputies and staff;

l. Clerk of the House, E. George MacMinn, Q.C., his Office and his staff including but not limited to Ian Izard, Q.C.;

m. former Attorney General Geoff Plant, Q.C., his Office, his deputies and staff;

n. current Attorney General Wally Oppal, Q.C., his Office, his deputies and staff;

o. Crown Counsel Robert Gillen, Q.C. and Geoff Gaul and their respective Offices;

p. the Executive Council and its Offices and staff, including but not limited to Joy Illington;

q. the Offices of all Cabinet Ministers and Members of the Legislative Assembly for the Province of British Columbia from June 5, 2001 to the present day;

r. all Cabinet and Caucus committees from June 5, 2001 to the present day;

s. all government research, policy and communications offices, including but not limited to the Public Affairs Bureau from June 5, 2001 to the present day;

t. the Crown Corporations Secretariat including but not limited to the Offices of B.C. Rail; and

u. the Office of the Conflict of Interest Commissioner (collectively, the “Government Offices”),

which relate to:

(i) the divestiture of B.C. Rail Freight Division (hereinafter “B.C. Rail”) and the proposed divestiture of the Robert’s Bank Port Subdivision (hereinafter, “Robert’s Bank”) and the bidding processes related to same, including but not limited to the B.C. Rail Steering Committee and the B.C. Rail Evaluation;

(ii) the selection of, and duties assigned to, Ministerial Assistants and in particular all Records relating to efforts of Ministerial Assistants to influence public opinion through the media with regard to the provincial government or its ministers, policies or initiatives;

(iii) the strategy, policy, and any related decision-making pertaining to the influencing, gauging or monitoring of public opinion through media and other public forums;

(iv) public opinion polling and reports, including by the B.C. Liberal Party, which pertain to public opinion on transportation, finance and budget surplus and deficit issues, and further including but not limited to the divestiture of B.C. Rail and the balancing of the Provincial Government budget;

(v) the provision by the B.C. Liberal Party or the Provincial Government to Provincial Liberal Cabinet Ministers and Members of the Legislative Assembly and their staff of blackberries, computers, cellular phones or other PDAs (Personal Digital Assistants);

(vi) any communications between Provincial Liberal Cabinet Ministers and Members of the Legislative Assembly and their staff and lobbyists Brian Kieran, Erik Bornman, and Jamie Elmhirst, their companies including but not limited to Pilothouse, Kieran Consulting, Pacific Public Affairs, K&E Consulting and their respective staff

(vii) the acceptance or receipt of any gift or benefit including but not limited to:

(1) Vancouver Canucks tickets or seating in private boxes;

(2) B.C. Lions tickets or seating in private boxes;

(3) the use of any facilities at General Motors Place;

(4) Tickets or admittance to the Cirque de Soleil; and

(5) Famous Players “Big Card”

(viii) the investigation of alleged criminal activities of Minister Collins, Mr. Basi, Mr. Virk, and Mr. A. Basi, including but not limited to:

(1) the proposed and actual interception of private communications within the precincts of Parliament, including communications over the telephone lines (250) 387-3751 and (250) 213-5098;

(2) the search of the Legislature on December 28, 2003;

(3) the issue of whether and to what extent members of the Provincial Government, including Minister Collins were under investigation;

(4) all communications pertaining to the timing of R.C.M.P. interviews of Members of the Legislative Assembly and Cabinet Ministers, including Ministers Collins and Reid; and

(5) all communications pertaining to the issue of Parliamentary and Cabinet privilege in respect of R.C.M.P. interviews of Members of the Legislative Assembly and Cabinet Ministers, including Ministers Collins and Reid

be produced to this Honourable Court;

2. That such portions of any of the Records held by the Government Offices in relation to any of the above-noted matters be produced to the Applicants.

THE GROUNDS FOR THE APPLICATION ARE:

1. The Applicants are charged on a multi-count Direct Indictment principally alleging fraud and breach of trust offences in respect of the provincial government’s divestiture of B.C. Rail and Robert’s Bank, including the cancellation of the latter.

2. The divestiture of B.C. Rail and the Robert’s Bank was a complex and highly political process, which involved and affected many Ministers, Agencies, and Departments of the Provincial Government.

3. On December 28, 2003 the R.C.M.P. with the assistance of the Victoria Police Department, executed Search Warrants at the Legislature, and specifically, upon the offices of Ministerial Assistants Messrs. Basi and Virk.

4. Documents and materials were removed from the offices of Messrs. Basi and Virk and from no other offices or locations in the Provincial Legislature.

5. There was considerable strategic discussion and planning by the R.C.M.P. in the preparation, application and execution of the Search Warrants. The R.C.M.P. consulted and liaised with the Solicitor General and his Assistant Deputy Minister before and during the execution of same.

6. The involvement of the Solicitor General and Assistant Deputy Minister in the criminal investigation continued after the search of the Legislature and until at least February 13, 2004, and this involvement consisted of collaboration with, and direction to, the R.C.M.P. with regard to the timing and content of the R.C.M.P. interviews of Ministers Collins and Reid.

7. The Applicants believe that the Search Warrant application procedure lacked transparency and that the R.C.M.P. deceived the Authorizing Judge with respect to, inter alia, the procedures and protocols that needed to be followed in order to enter the precincts of Parliament, including obtaining the informed consent of the Speaker.

8. The Applicants believe that the Government Offices contain records of likely relevance to material issues in this matter, which would be relevant to the cross-examination of key witnesses with regard both to the credibility of these witnesses and the potential identification of evidence to be tested by the Applicants at trial.

9. The Applicants require access to information contained in the Records held by the Government Offices in order to make full answer and defence to the charges against them pursuant to s. 7 of the Canadian Charter of Rights and Freedoms (hereinafter, the “Charter”).

10. The Applicants similarly require access to these Records in order to apply to set aside the Search Warrants and Authorizations to Intercept Private Communications on the basis of a breach of s. 8 of the Charter, and in order to apply for a stay of proceedings pursuant to ss. 7 and 24(1) of the Charter on the basis that, inter a/ia, the involvement by the Solicitor General and Assistant Deputy Minister in the search of the Legislature and criminal investigation of the Applicants, and the media relations campaign of the R.C.M.P. constituted an abuse of process.

11. Such further and other grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION THE APPLICANT RELIES UPON:

1. This Notice of Application; and

2. Such further and other materials as Counsel may advise and this Honourable Court may permit.

THE RELIEF SOUGHT IS:

1. An Order that all Records held by the Government Offices be produced to this Honourable Court for review pursuant to the procedure set out in R. v. O’Connor (1995) 4 S.C.R. 411 (S.C.C.) (hereinafter, “O’Connor”).

2. An Order that such portions of the Records held by the Government Offices as this Honourable Court may find likely relevant to an issue at trial.





Names and Addresses of Counsel:

P. Michael Bolton, Q.C
Claire Hatcher
Bolton & Muldoon
Banisters & Solicitors
360- 1122 Mainland Street
Vancouver, B.C. V6B 5L1
Tel. 604 687-7078; Fax 604 687-3022


Kevin McCullough
Kristy Sim
McCullough Blazina Dieno
Banisters & Solicitors
2~ Floor, 1011 Fort St.
Victoria, B.C. V8V 3K5
Tel. 250-480-1529; Fax 250-480-4910


Joseph Doyle
Johnson Doricic Doyle
Banisters & Solicitors
2nd Floor, 195 Alexander St.
Vancouver, B.C. V6A 1B8
Tel 604 688-8338; Fax 604 688-8356

Tieleman to guest host CKNW's Nightline BC Friday June 8 - 7 to 9 p.m.

I will be guest hosting CKNW's Nightline BC on Friday June 8 from 7 to 9 p.m., filling in for Mike Smyth.

Please tune in if you can at AM 980 or on the Corus Radio Network station in your area of BC or online at www.cknw.com

More details on the lineup for the show on Friday afternoon.

Basi-Virk defence demands huge disclosure of sensitive government documents on BC Rail, gifts to MLAs, media influence

A defence disclosure application in the trial of former BC Liberal ministerial aides David Basi and Bob Virk released today demands the provincial government release a massive number of sensitive and confidential documents related to the $1 billion sale of BC Rail, gifts to MLAs and cabinet ministers and efforts to influence the media and public opinion.

The application is sweeping, asking for all records, including documents and emails, from Premier Gordon Campbell's office and staff, from the offices of a series of past and present cabinet ministers and the offices of BC Rail.

It also demands "strategy, policy and any related decision-making pertaining to the influencing, gauging or monitoring of public opinion thorugh media and other public forums."

The application shows the defence is clearly pursuing its theory that ex-Finance Minister Gary Collins was wrongly dropped as a suspect by RCMP.

It requests records on: "the issue of whether and to what extent members of the provincial government, including Minister Collins were under investigation."

The application also seeks information on "the acceptance or receipt of any gift of benefit" including tickets to Vancouver Canucks and BC Lions games, Cirque de Soleil shows and other venues.

And it seeks all communications between lobby firm Pilothouse Public Affairs and its principals - key Crown witnesses Erik Bornmann and Brian Kieran and expected witness Jamie Elmhirst - with cabinet ministers, MLAs and government staff.

Following Justice Elizabeth Bennett strong ruling Monday that ordered the RCMP and Special Prosecutor to disclose evidence not provided to the defence, Bennett directed the defence to attempt to obtain "third party" government documents it previously requested outside of the court process by filing a Freedom of Information Request or simply asking for a voluntary production of documents but left open the possibility of a court order.

Virk's lawyer Kevin McCullough told Bennett after a break to consult with a lawyer for the provincial government that he was "very optimistic" the defence could obtain the information it seeks.

And outside court Basi's lawyer Michael Bolton said: "We're very pleased with today's result because we're going to get the disclosure we were seeking."

But the price of disclosure is delay. Justice Bennett directed both sides to appear July 16 for an update on progress and suggested the next stage in the case will not begin until August 13, when the disclosure application will be heard.

MUCH MORE ON THIS WEBSITE LATER TODAY AND IN 24 HOURS NEWSPAPER FRIDAY.

Fire Solicitor-General John Les over BC Lottery fiasco, Attorney-General Wally Oppal for not appealing DePatie killer sentence reduction

Bill Tieleman’s 24 Hours Column
Tuesday June 5, 2007

Les, Oppal must go

By BILL TIELEMAN

Society's demands for moral authority and character increase as the importance of the position increases.

- U.S. President John Adams, 1735-1826

Premier Gordon Campbell has some unfinished business leftover from the end of the spring legislative session - firing Solicitor-General John Les and Attorney-General Wally Oppal.

Les presided over a national embarrassment - the B.C. Lotteries Corporation fiasco, where "lucky" retailers may have cheated customers out of millions.

Les assured the public in December there were no problems like those documented in Ontario, an assurance that Ombudsman Kim Carter proved in last week's report on BCLC was absolutely incorrect. BCLC's $442,000 a year CEO Vic Poleschuk was fired Friday but Les is also responsible.

Oppal refused to appeal the sentence reduction of Darnell Pratt, who killed gas station attendant Grant DePatie in a horrible 2005 dragging death. But Oppal ordered an appeal in another sentencing.

Both cabinet ministers have proven their incompetence and failed the public.

Les had every warning imaginable about trouble at BC Lotteries, a crown corporation with annual revenue of $2 billion and income to the government of nearly $1 billion.

After CBC TV's The Fifth Estate detailed how Ontario lottery winners were ripped off by unscrupulous retailers, Les ordered B.C.'s Gaming Policy and Enforcement Branch to investigate.

Not a problem, the Branch and Les said. They were dead wrong but then again Les and the B.C. Liberals had actually cut Branch funding for three years.

Why? Cheating lottery dealers don't cost the government a dime. The total prize payout doesn't change even if players get ripped off.

But increased enforcement, checking suspiciously lucky retailers and tighter regulations? Well, hey, that reduces government revenue!

And if dirty dealers got jailed the public might get nervous about placing their bets! What those suckers don't know won't hurt us, seems to have been the attitude.

Les must be turfed, as well as BCLC chair John McLernon, who also should have been protecting the public, not his staff.

Then there's Oppal, who in 2006 ordered a sentence appeal in a drunk driving case. "We just think the sentence in this particular case is contrary to the law. We must be accountable to the public," he said then.

But now he won't appeal Pratt's sentence reduction from nine years to seven, which means DePatie's killer is eligible for parole this year. Unacceptable.

When Children and Families Minister Gordon Hogg resigned in 2004 after an independent audit was ordered over the Doug Walls affair, Campbell praised Hogg for accepting ministerial responsibility.

"In this case we have a minister putting the integrity of public institutions ahead of his political ambitions. I am very proud of him for that." Campbell said.

Where's the integrity today?

Judge in Basi-Virk case asks why no RCMP notes on dropping ex-Finance Minister Gary Collins as suspect

Justice Elizabeth Bennett agrees with defence question why former Finance Minister Gary Collins was dropped as suspect and why RCMP haven't produced a single note on their decision

In her sweeping disclosure application ruling of June 4, BC Supreme Court Justice Elizabeth Bennett addresses a central argument of the defence - that former ministerial assistants David Basi and Bob Virk were acting on the instructions of Collins, Basi's minister.

"It is clear that Minister Collins was under police suspicion in December 2003. Requests were made for briefings to the highest level of the RCMP, yet there is nothing I have seen in writing that indicates who made the decision to stop pursuing Minister Collins as a suspect and when that decision was made."

"It would be very surprising that such a document does not exist. Indeed, I must conclude that there are notes or other documents addressing this issue. This was too important a decision not to have documentation," Bennett wrote.

Bennett also notes that Collins was referred to in RCMP briefing notes three times in December 2003 and was under surveillance on December 12, including when he had dinner with two OmniTRAX executives at Vancouver restaurant Villa del Lupo.

Despite this, Bennett says: "There is no mention of Minister Collins in any disclosed police note, briefing note, or continuation report until weeks later."

Thanks to her order, if such notes or documentation exist they will be made available to the defence.

Basi and Virk are charged with breach of trust and fraud for giving confidential government BC Rail privatization documents to OmniTRAX, one of the bidders, through lobbyist Erik Bornmann, now the key Crown witness against them.

Defence wins big in Basi-Virk disclosure application - Bornmann deal details, all RCMP notes to be produced

Judge in Basi-Virk Case Rips RCMP, Special Prosecutor

Sweeping order to cough up documents.

View full article and comments here http://thetyee.ca/News/2007/06/05/Disclosure/

By Bill Tieleman

Published: June 5, 2007

TheTyee.ca

B.C. Supreme Court Justice Elizabeth Bennett delivered a scathing and far-reaching decision Monday that not only embarrassed the RCMP and special prosecutor in the Basi-Virk case, but likely sent a chill through the B.C. Liberal provincial government.

By ordering widespread disclosure of evidence not previously made available to the defence -- or the public -- Bennett has opened up what could be a Pandora's box for Premier Gordon Campbell.

The decision guarantees the court will hear new information about a controversial immunity agreement granted to key Crown witness Erik Bornmann, the former provincial lobbyist and activist in both the B.C. and federal Liberal parties.

Bornmann is alleged to have bribed former ministerial aides David Basi and Bob Virk in order to obtain confidential government documents about the $1 billion privatization of B.C. Rail in 2003 for his client OmniTRAX, which was one of the bidders. Ex-communications officer Aneal Basi is charged with money laundering in connection with payments made by Bornmann.

And the condemnatory language in Bennett's 37-page written decision will also encourage new criticism of how both the RCMP and Crown have handled the highly charged case that impacts a wide range of prominent political players.

'Substantial failure to respect disclosure rights'

"The defence is entitled to disclosure in a timely fashion. This rather extensive review of the many problems with this case demonstrates that disclosure has not been sufficiently made in a timely way," Bennett read in court.

"I regret that I must make the following order in such broad and sweeping terms. However, given the substantial failure to respect the disclosure rights of the accused, this order is the only way I believe I can ensure that no miscarriage of justice will occur."

Bennett also ordered Special Prosecutor Bill Berardino -- missing from the entire disclosure proceedings, including Monday's session -- to provide written answers to questions from the defence on the immunity agreement with key crown witness Erik Bornmann, which will see the former provincial lobbyist testify against his former friends.

Details of that agreement will now be revealed, after special prosecutors said there was no written document -- even though it is Crown policy to make such agreements in writing.

Justice Bennett was unequivocal about lack of disclosure on the Bornmann deal:

"There is no question that the defence is entitled to all of the details of any arrangement with Mr. Bornmann. Such arrangement is generally not protected by any privilege," Bennett wrote.

"There have been too many wrongful convictions based on informant information which was obtained in dubious circumstances. I do not make such a link at this time; however, that is the reason that the defence is entitled to full disclosure when dealing with immunity agreements," she said.

Questions about star witness

It may be telling that Bennett expressly states that she does not link "wrongful convictions based on informant information which was obtained in dubious circumstances" with Bornmann's expected testimony "at this time."

The questionable circumstances of the deal with Bornmann, an aide to Paul Martin when the former prime minister was federal Liberal finance minister and a major player in Martin's leadership campaign, received additional scrutiny from Bennett.

"I have concluded the Crown must answer the following questions," Bennett writes, noting that it can be done in writing and that the defence can renew its application to call Bornmann's lawyer George Macintosh if it is not satisfied.

One of those questions gets to the heart of the defence's argument that Bornmann was given privileged treatment as a Crown witness, allowed to continue his lucrative lobbying business despite allegedly admitting to bribery, and also allowed to finish his law school studies at the University of B.C. and start articling with prestigious Toronto law firm McCarthy Tetrault in order to become a lawyer in Ontario.

[Bornmann only left McCarthy Tetrault after I revealed his position there in an article in 24 Hours newspaper, which the defence noted in its application.]

Bornmann's 'false exoneration'

In April 2004, Bornmann issued a statement to the media that he had been exonerated in relation to the B.C. legislature raid case, a statement that was widely reported.

But Bennett called that a "false exoneration" and ordered an answer to this question:

"Did Mr. Berardino tell Mr. Bornmann, either through the police or Mr. Macintosh, that Mr. Berardino would not correct the falsity of the exoneration; that he would not advise the government in order to stop the lobbyist activities; or that he would not advise the Law Society of Upper Canada regarding the admission made by Mr. Bornmann? In other words, did Mr. Bornmann, in any way, know Mr. Berardino's policy of not interfering with his employment?" Bennett wrote.

"I order that anything relating to Mr. Bornmann's agreement, whether in the hands of the police or the special prosecutor, is to be disclosed to the defence."

'Submit every piece of paper'

But that was far from Bennett's only order.

During the disclosure application in April and May the court heard several instances where the defence argued that RCMP officers had not produced their notes or that important reports had simply gone missing.

Bennett was annoyed at the time and that annoyance became a direct order to the RCMP to cough it all up.

"In terms of police notes, I make the following order: Every police officer or civilian who touched or spoke about this investigation, regardless of what branch of the investigation they were involved in and regardless of rank or role undertaken will review every piece of paper he or she has and ensure it is submitted to the Crown forthwith. This includes but is not limited to notes, briefing notes, continuation reports, e-mail and anything marked 'not for disclosure'," Bennett wrote.

Calling the Commissioner

Those police notes that must be produced go right to the top of the RCMP food chain -- Bennett even ordered a briefing note to former RCMP commissioner Giuliano Zaccardelli be provided to the defence.

Bennett also ordered that the defence have access to review seven file cabinets full of information related to the drug charges file that first triggered the B.C. legislature raid, when police wiretaps in a trafficking investigation picked up David Basi talking to one of the suspects.

While the defence will not be permitted to view the documents themselves, they will be able to know what documents are there and whether the documents have either been disclosed or appropriately marked not for disclosure.

Needless to say, defence lawyers Michael Bolton, Kevin McCullough and Joe Doyle and their associates were all smiles after hearing Bennett's decision.

"We're very pleased with this result," said Bolton, lawyer for David Basi. "Disclosure is absolutely critical to a fair trial. Missing evidence can be the difference between a fair trail and an unfair trial."
Smiling New Democrats

McCullough declined to comment, but the huge cigar he lit outside the courtroom and the equally large grin he sported said it all.

Looking equally happy were Leonard Krog, the New Democratic Party MLA for Nanaimo and critic for Attorney-General Wally Oppal, and David Perry, chief of staff to NDP leader Carole James, who both attended B.C. Supreme Court.

Krog said the decision should force Premier Gordon Campbell and Attorney-General Wally Oppal to stop stonewalling on questions arising from the testimony, which included defence allegations that Basi worked with officials in the premier's office on media manipulation and dirty tricks.

"The pretence they continue to hold won't stand public scrutiny. They have to answer questions," said Krog, himself a lawyer, outside court. "This whole story is disappointing from start to finish. I have to commend the defence on the job they're doing."

"If I were Mr. Campbell I wouldn't want to be going into the next election without a decision on this case," Krog said.

Can I get a witness?

The defence also complained that the Crown had not provided it with a comprehensive list of the witnesses and witness statements.

Bennett agreed again and set a deadline of July 15 for the Crown to "provide to the defence the statements or will say statements of the witnesses it knows at this point it intends to call at trial."
While not all witness are yet known, that witness list will include some former key players in the B.C. Liberal government.

Already named as witnesses are Bornmann; former finance minister Gary Collins, who David Basi worked for; former transportation minister Judith Reid, who was Virk's boss; Brian Kieran, the former Vancouver Province political columnist turned lobbyist who owned Pilothouse Public Affairs together with Bornmann; and business partner Jamie Elmhirst, the former federal Liberal Party B.C. branch president who was subpoenaed to testify.

'Open as possible'

The defence and special prosecutor team will be back in B.C. Supreme Court on Thursday, June 7, at 10 a.m. to deal with further defence motions, including presumably scheduling for a Charter of Rights application that will ask Bennett to throw the whole case out of court over abuse of process and other complaints.

Another application Bolton said the defence intends to file shortly will ask for government documents relating to the B.C. Rail privatization deal, and could reach into very politically sensitive files, right into the office of B.C. Premier Gordon Campbell.

Expect a vigorous objection from the provincial government on that request.

But as has been proven repeatedly, Justice Bennett meant what she said in March when she gave her view on how this case should be handled.

"These proceedings have to be as open as possible. There's a presumption in the law of public access."

That degree of openness and public access is going to be a serious test for a provincial government that is trying hard not to answer a series of uncomfortable and potentially politically damning questions.

Related Tyee stories:

Wiretap Said to Tie Collins to Media Tricks
Premier Alleged to Know of Paid Media Scam
Basi-Virk Defence: Bold Allegations
'Spiderman' in a Web of Intrigue

Judge rips RCMP, Special Prosecutor in Basi-Virk disclosure decision

Judge laments lack of disclosure

Basi-Virk trial

By BILL TIELEMAN, 24 HOURS

B.C. Supreme Court Justice Elizabeth Bennett Monday ripped the RCMP and Special Prosecutor in the case against three provincial government aides facing serious criminal charges, saying there was a "substantial failure to respect the disclosure rights of the accused."

In a 37-page decision, Bennett criticized the RCMP and Special Prosecutor for not adequately disclosing evidence to the defence, who are countering charges that David Basi and Bob Virk were bribed to leak confidential government information on the $1-billion privatization of BC Rail to OmniTRAX, a bidder. Aneal Basi is charged with money laundering.

And Bennett granted every request made by defence lawyers, ordering the RCMP to produce notes, reports, e-mails and other documents and the Special Prosecutor to disclose details of an immunity agreement made with key Crown witness Erik Bornmann, a former lobbyist. "The defence is entitled to disclosure in a timely fashion. This rather extensive review of the many problems with this case demonstrates that disclosure has not been sufficiently made in a timely way," Bennett said.

Outside court defence lawyers were smiling.

"We're very pleased with this result," said Michael Bolton, David Basi's lawyer. "Disclosure is absolutely critical to a fair trial."

NDP MLA Leonard Krog said the decision should force Premier Gordon Campbell and Attorney-General Wally Oppal to answer questions arising from the testimony, including defence allegations that Basi worked with officials in the premier's office on media manipulation and dirty tricks.

"The pretence they continue to hold won't stand public scrutiny. They have to answer questions," Krog said outside the court.

Defence and Crown return to court Thursday to discuss further details of the case, including additional defence applications that could see the case dismissed.

Stunning 100% win for Basi-Virk defence in disclosure application; Justice Bennett scathing on RCMP, Special Prosector

Justice Bennett criticizes "substantial failure to respect the disclosure rights of the accused"

It's not often one side in a court case gets everything it asked for a legal application but that's exactly what happened today in BC Supreme Court, where Justice Elizabeth Bennett granted every request made by defence lawyers for David Basi, Bob Virk and Aneal Basi - the former government aides facing serious charges in the BC Legislature trial.

Justice Bennett - in a 37-page written decision - effectively rips the RCMP and Special Prosecutor for failing to adequately disclose evidence to the defence.

"The defence is entitled to disclosure in a timely fashion. This rather extensive review of the many problems with this case demonstrates that disclosure has not been sufficiently made in a timely way."

Bennett continues: " I regret that I must make the following order in such broad and sweeping terms. However, given the substantial failure to respect the disclosure rights of the accused, this order is the only way I believe I can ensure that no miscarriage of justice will occur."

" In terms of police notes, I make the following order:

Every police officer or civilian who touched or spoke about this investigation, regardless of what branch of the investigation they were involved in and regardless of rank or role undertaken will review every piece of papter he or she has and ensure it is submitted to the Crown forthwith. This includes but is not limited to notes, briefing notes, continuation reports, e-mail and anything marked 'not for disclosure'," Bennett wrote.

Justice Bennett also ordered Special Prosecutor Bill Berardino - missing from the entire disclosure proceedings, including today - to provide written answer to questions from the defence on the immunity agreement with key crown witness Erik Bornmann, the former provincial lobbyist.

That agreement in particular will now see the light of day, after Special Prosecutors said there was no written deal - even though that his Crown policy.

Justice Bennett was unequivocal in her decision, which she read in court:

"There is no question that the defence is entitled to all of the details of any arrangement with Mr. Bornmann. Such arrangement is generally not protected by any privilege," Bennett wrote.

"There have been too many wrongful convictions based on informant information which was obtained in dubious circumstances. I do not make such a link at this time; however, that is the reason that the defence is entitled to full disclosure when dealing with immunity agreements," she said.

Justice Bennett also ordered that the defence have access to review seven file cabinets of information related to the drug charges file that first triggered the BC Legislature raid. While the defence will not be permitted to view the documents themselves, they will be able to know what documents are there and whether the documents have either been disclosed or marked not for disclosure appropriately.

More on this decision later on this blog and in 24 hours newspaper on Tuesday.

Both sides will be back in BC Supreme Court on Thursday June 7 at 10 a.m. to deal with further details and presumably scheduling for the defence's Charter of Rights application, as well as another defence disclosure application.

That application will ask for documents relating to the BC Rail privatization deal and could reach into very politically sensitive files right into the office of BC Premier Gordon Campbell.

Basi-Virk defence disclosure application decision is due Monday June 4

BC Supreme Court Justice Elizabeth Bennett to deliver her decision on the defence disclosure application in the Basi-Virk case 10 a.m. - Monday June 4.

The decision is expected to be in writing but whether Justice Bennett will read it in court or simply release it is not clear at this point, nor whether the defence or special prosector will respond.

Justice Bennett may also work out scheduling of the next phase of the case - the defence's Charter of Rights challenge to the whole trial.

Watch this space for details as soon as they become available and see earlier reports for background.