For those interested due to the Kash Heed controversy, the provincial government is very clear about how Special Prosecutors are appointed.
For those who haven't seen it yet, I highly recommend today's Vancouver Sun stories by Chad Skelton about how seven Special Prosecutors have made financial contributions to the BC Liberal Party and who they are.
I am pleased to see that Premier Gordon Campbell and Attorney General Mike de Jong have ordered a review of the Special Prosecutor appointment process - all politics aside, this is clearly necessary and welcome.
It is also a good thing that the Law Society of BC is investigating the actions of now-resigned Special Prosecutor Terry Robertson in this matter.
Lastly, for those wondering, the Vancouver Sun makes clear in a story by Jonathan Fowlie what many of us knew all along - that Kash Heed could lose his seat because of the alleged actions of his campaign staff, regardless of his own lack of knowledge of those actions.
If the dirty tricks flyer against NDP candidate Gabriel Yiu was found to have been funded by the Heed campaign and that the election spending limit was therefore exceeded, a by-election could result.
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Bill Berardino shoud resign. maybe a new SP would review how Campbell et al escaped charges.
In 1993 a well to do group of Vancouver Island lawyers gave heavily to the Liberal Party of Canada in BC's slate of federal candidates in Victoria and Nanaimo.
Guess what, this group of legal eagles soon got $$$ federal contracts to go after bad-guys in Victoria & Nanaimo.
Their success rate and their own personal behavior (billings and otherwise) brought continued "GREAT HONOUR" to the legal profession in BC for the next ten years.
The GREAT SATAN
Heed case shows Dobell file should be re-opened: BC Conservatives
"In 2008 he [special prosecutor Terrence Robertson] declined to press an influence peddling charge against Dobell, though the former senior adviser to the premier eventually pleaded guilty to breaking the Lobbyist Registration Act.
As the Vancouver Sun put it at the time, “Special prosecutor Terrence Robertson decided against filing a charge of influence-peddling -- a Criminal Code offence -- against Dobell, even though he believes that he could have been convicted on the more serious charge.”
According to a summary from the New Democratic Party, who hammered on the issue during question period in the Legislature yesterday, Elections B.C.'s records show Harper Grey and Harper Grey Easton, as the firm was formally called, have given $57,231.50 to the B.C. Liberal Party and its candidates since 1996."
The Tyee, by Andrew MacLeod
Bill can you please comment on Bill Berardino? I am astonished at the revelation in the Vancouver Sun this morning. He made a $500 donation to the BC Liberals just after he decided not to press charges on the media monitoring contracts the bc liberals had with Basi.
Have we become so accustomed to unethical and questionable behavior that we no longer care?
I am convinced beyond doubt we live in the Banana Republic of BC!!
It's amazing that the taxpayer-funded research arm of the NDP at legislature is so incompentent that their lunch is being eaten by the BC Conservatives!
This whole string of events, including Mike De Jong doing his routine in question period, yesterday and today looked like a skit produced by the Mony Python comedy group. Unfortunatly this is not a comedy routine but the present government at their finest and fairly low performance. Once more today the bully tactics included telling the opposition to go outside, and a lecture one more time, on the 9 hour time changes. If I was a drinker, if someone called at 3 AM I'd go right along with anything the caller said. Not saying our illustrious Prmier is a drinker of course. By the way Gordo no doubt has some pretty fine digs and of course we ,like good little voters are covering his costs. Just what has he got to do with the Liberation of the Netherlands celebration? Will we ever find out? I rather doubt it.
Of course we live in the banana Republic of B.C. her you can be blacklisted i.e. declared a "person of interest"to the governmne for time without limit (arrogant?) if you persist in demanding legitimate questions (1) how could Murray Coell,then minister of Adv. Ed. have a government lawyer write a letter to me dismissing a court verdict against Robert Prendergast, appointed by Liberals to board and eventully chairman of Private Career Training Instituions Agency, the "regulator " (Ha,Ha) of private post secondary colleges and (2) When asked how the court verdict could be overruled by the executive ,contrary to the most basic deomcratic tenets be then informed by telephone!!!in Orwellian language by a Sergeant Nelson of Legislative Security that I am now a "person of interest" to the government and will be watched in various locations and ways; I am not entitled to receive any government to prove this new status. Our dear Leader, then Attorney General Wally Oppal and the discredited MLA all support this treatment. I have been lawabiding all my life, unlike others mentioned here;yet rather than answer these two questions, government took these actions.How was the rule of law honoured here?
p
Had a short conversation with a couple last week outside the Vancouver Art Gallery at the Fight HST signing. Apparently she always votes and he never votes. He talked at length about his lack of political interest. She was incredulous that he was actually bragging about this.
Both he and I realize that it doesn't matter who is in power, that power will be abused and scandal will follow. But we can both say that we didn't personally validate this process of choosing government by getting involved and casting our vote.
And then on top of all the nonsense that the 2009 version of government has given us so far in the first year alone, we have the icing on the cake with Kash Heed in and out of office and better still the Terrence Robertson shenanigans.
Proud to be a non-voter? You're damn right!
Bill Berardino made Liberal donations while he was a special prosecutor in the lengthy B.C. Rail corruption case...
http://www.cbc.ca/canada/british-columbia/story/2010/05/06/bc-special-prosecutors-de-jong.html
"Proud to be a non-voter? You're damn right!"
If you don't vote, don't complain about the outcome.
Is this person too lazy to waddle to the polling station to lift a pencil and make an "X" inside the circle next to the NDP or Green candidate??
Is there a 'kick back' amongst the lawyers of this province? To get the job a tithe must be paid? Sure seems like it in my opinion but then the lawyers know how to grease their own skids don't they?
ANON 2:56 said:
"It's amazing that the taxpayer-funded research arm of the NDP at legislature is so incompentent that their lunch is being eaten by the BC Conservatives!"
I find the above a very slanted comment: the NDP are seen asking many strong questions and presenting many chilling facts in the Legislature. I would presume thay are also delivering press releases quite regularly, but if the MSM refuses to publish or (at the very least) investigate the assertions and questions that go unanswered by the BC Liberals in the Legislature, then just how are average people supposed to learn about what is going on?
The Conservatives come out with one piece of info that gets published and automatically the NDP are labelled incompetent by some anonymous poster. Is this how it is going to play out? Are the Socreds/BC Liberals going to re-incarnate again as Conservatives to attempt to continue with the looting? Remmeber how Campbell and deJong used to blast the NDP when the BC Liberals were in opposition. Remember how the video-bites were always cued up to make the Liberals look good and powerful? Remeber how the BC Liberals made front page headlines trashing the NDP.
With a very consolidated MSM we generally get the big business point of view and very little else.
With all of this HUGE stuff going on with the BC Liberal Government, Global placed a story about a grey whale well ahead in the news hour line-up last night. What a joke!
Thank you, Bill Tieleman, for working for democracy!
"Thank you, Bill Tieleman, for working for democracy!"
Bill isn't working for democracy.
Well he was if he was hard at work working the NDP campaigns last year.
and he will once he chooses which NDP Leadership candidate will pay
him to be a part of a leadership campaign.
This is just a yellfest and signature drive.
Won't mean anything tangible other than news spots.
Face facts the HST will not be gone. What we will end up with in the end is an NDP governmment AND the HST.
But hopefully VanderZalm will go back to shovelling organic fertilizer, not the digital fertilizer he's been spading around now.
"they would have to do so in writing and publish their directions in the B.C. Gazette, the official public legal record of government notices."
Bill do know of a free way of looking at the Gazette, as far as I am aware, it costs money to find out what the government is up to.
Do our local libraries have them?
I'm sorry Anon 10:36 pm - not sure how to get the BC Gazette without paying for it - hopefully one of our readers will have an idea.
As to Anon 10:15 pm - getting a bit too hot for you in the kitchen?
What I saw of the pamphlets in question on television seemed extremely unethical and de-humanizing. The way they were used seems not only fraudulent but rife with malfeasance. Is this the type of association suitable for high office holders of our laws. I think a resignation of the members seat is in order, the election appears tainted and the honourable thing is to resign the seat.
Olympic Ticketing Report
.PDF / 1.3 MB / 216 pages
Give your head a shake SharingIsGood. Bill Tieleman and democracy should not be mentioned in the same sentence unless it is along the lines of "While many people strive to bring democracy to BC, Bill Tieleman prefers other..."
I won't say Bill does nothing for democracy as it would be untrue. More accurately he does less than nothing. Tough call who is more in favor of continuing our dictatorship, Gordon Campbell or Bill Tieleman. Two good reasons to vote for a corpse.
Professor Mathews has been drilling all government agencies about these questionable antics for years sadly the r.c.m.p. and other agencies said there was no proof of misconduct...just what the hell do they do there besides arrest drunken drivers and now arrest non drunken drivers ,well make the latter pay.
What's with the Liberal attitude, Anon 7:00? Thought I made it clear. What's the difference between a Liberal dictatorship, an NDP dictatorship or even a Green dictatorship? None, I very conscientiously don't vote for a dictatorship by not voting. Period.
I have every right to complain when things aren't right and quite frankly I find it odd that someone would have the gall to tell me not to say what is on my mind on a free speech blog. If anyone shouldn't be allowed to complain, it's the NDP, the only losing party who did not support proportional representation.
In particular of course are Bill Tieleman, David Schreck and Rick Dignard among others who went even further and convinced the uneducated masses to stick with what we got. Well, we got it and we're stuck with it.
So if you're upset with the Liberal abuse of power then by all means complain, but aim that anger in the right direction. The target should be those that kept the system in place that gives the ruling Liberals the ability to flaunt that abuse, Bill Tieleman and the NDP sheep who hang on his every word.
Just because the Liberals are in power during the current abuse doesn't make them evil, the next party in power will show it's the system just as the previous party did.
Proud to be a non-voter and a complainer? When I'm focused on the real problem with government, you're damn right!
seems like this colum has rattled a few chains down at PAB center, a place we the taxpayers are paying the tolal cost of them spreading the crap they spread.
According to an Ian Mulgrew column this morning the decision by Terry Robertson to exonerate Kash Heed is irreversible because of ....... get this, Robertson's involvement in the polygamy case were he was shopped for by then AG Wally Oppal because the AG didn't like the opinion of the first Special Prosecutor.
A judge stepped in and said this:
""The harm in the appointment of successive special prosecutors is that it undermines the administration of justice by leaving the perception, if not the reality, of political interference and of an oppressive or unfair prosecution."
She said Robertson's appointment in the polygamy case was unlawful and he had no power to recommend charges -- the initial special prosecutor's decision was final."
*************************************
In other words, dear readers, Kash Heed walks, but can he do it with his head held high because IF Robertson had not rendered a decision and then resigned, a second SPECIAL Prosecutor (absent of any donations to the BC Liberal Party) could step into the breach and render his decision untainted by the appearance of political interference. As it is, Robertson's opinions stand ..... unless another judge steps in
Bill,
I think people who write entire posts insulting you should not be posted (like Klaus at 11:17 pm).
They're not adding anything to the conversation.
I think Bill has to be commended for his willingness to publish those who have denounced him and his blog. This just goes to show his democratic spirit.
This blog is an example of democracy in action. It is an example of the 4th estate (version 2010). Blogs have become the modern Forum for democratic discourse, debate, and in some very rare, enlightened moments - dialogue. It is my hope that a desire for peace and goodwill for all beings guides the words of those to follow. (I include my own words in that hope).
many of the gushing anti Bill comments sit there and just look so stupid by themselves......Important to keep this discussion going despite lame attempts to change the subject.
I only ask that they keep their slime short so I dont have to scroll too far down to find intelligent life.
Robin M must be chuckling to hear Liberal Cabinet Ministers agreeing that the system of appointing Special Prosecutors has been doing the exact opposite of it's stated objectives.
"many of the gushing anti Bill comments sit there and just look so stupid by themselves......Important to keep this discussion going despite lame attempts to change the subject."
Seems the blind loyalists of Bill
are doing the same. Bill runs a blog, not technically all that complicated. He hasn't been given
Sainthood by the Pope.
"I only ask that they keep their slime short so I dont have to scroll too far down to find intelligent life."
There is no intelligent life in those blogs, and never has been. It's just a dumping ground for
political sewage. This blog, and
every other one.
Take the stick and swirl the contents.
if all you nay Sayers don't,no whats happening ,I mean truly happening go to BC Mary's site professor Mathews will fill in the blanks.
New special prosecutor announced in Kash Heed case
Peter Wilson Q.C. has been anointed "as independent special prosecutor into alleged offences involving the campaign office of Kash Heed."
Wilson is with the firm Wilson, Buck, Butcher, and Sears
A quickie tour of BC Elections show no donations of any kind by the four listed lawyers, nor the firm.
"Thought I made it clear. What's the difference between a Liberal dictatorship, an NDP dictatorship or even a Green dictatorship? None, I very conscientiously don't vote for a dictatorship by not voting. Period."
Well then you're obviously not interested in democracy then. Democracy depends on people invoking change by voting. It's not ever going to happen by writing
opinions into a blog.
"I have every right to complain when things aren't right and quite frankly I find it odd that someone would have the gall to tell me not to say what is on my mind on a free speech blog."
Well no one did. Where the problem
lies is people who have lots of time to write into a blog, but yet can't spend 20 to 40 minutes going to a polling station and bothering to vote. That is just being lazy.
Period.
"If anyone shouldn't be allowed to complain, it's the NDP, the only losing party who did not support proportional representation."
The NDP does have an allowance to complain because like it or not,
they are the Official Opposition and their MLAs were selected by people who actually went out to vote.
Proportational Representation would just make a real mess of things, and there was no need for
for those large ridings. A better system would have been something equal to what is done in Victoria in Australia.
I did not suppport proportional
representation, but went ahead and voted anyway because I want my say
in the selection of an MLA. Period
Sorry, off-the-radar, I think you're right. Comments should be constructive regarding the topic at hand. I hadn't intended to post a "slam Bill" comment, I was just trying to suggest that someone should reconsider their evaluation of Bill suggested by their own comment. Sometimes the nature of a thread can shift and the Kash Heed situation doesn't really lend itself to much dialogue. Is there anyone who doesn't agree this mess more closely resembles a 3-ring circus than government? Just out of curiosity do you think your comment offered more to the conversation than mine?
The BC Rail trial is a farce. The big fish escape and they hang the staff members. And who makes the deal? A lawyer who is feeding the fish tank. After years of stalling, the emails at the legislature are miraculously destroyed as a matter of "routine" If you believe that, then you probably think spending money redecorating the Ministry's of Children and Family's office was a better use of public funds then say, oh I don't know, public housing for families in critical need. Yes, there should be a review of the SPs in this case, and a review of any deals they made with "Crown" witnesses. Shame, shame, shame. Recall these liars in November
I appreciate your critical response Anon 6:47, but I have to object to what I see as factual errors. What I'm not interested in is a dictatorship, which is what we have. There can be no better demonstration of that than the HST situation in progress.
And under this system writing opinions on a blog has just as much chance of changing anything as voting. After all voting is just a person's opinion of who they think ahould be trusted to do the right thing with their power. Again, as you can and will see from the Liberal stand on HST, anything said by politicians and voters is not legally binding.
From Anon 7:00 - "If you don't vote, don't complain about the outcome."
Uh, yeah, someone did tell me not to complain which is on my mind every time a politician opens their mouth. As to being lazy, that's just plain ridiculous. Obviously I spend a lot of time staying informed, I know more about the HST and other current political topics as well as general workings of government and political environments than most of my voting friends.
On occasion I have even bothered to go into a polling booth to tear up or otherwise spoil my ballot. Tell you what, you explain to me how my spoiled ballot carries more weight than my no-show at the polling station and I will gladly show up there every election for the rest of my life. Until then, get off your high horse.
You're right the NDP is allowed to complain, I was merely passing my own moral judgment that they shouldn't have that allowance based on what I see as a hypocritical point of view.
I have some minor disagreements with the rest of your post but I won't criticize because they are arguments with some merit.
I hope you won't look down on me because I choose not to vote. I don't look down on you because of your choice. You avail yourself of your right (not obligation) to be part of the MLA selection process, but my concern is how much does that engage you in the process of government?
I did find it interesting though that despite not supporting proportional representation, you recommended the Australian system which is partly proportional and partly preferential (a distant relative of proportional) but has no element using FPTP. I could support this system so I'm glad we could find some agreement. I would become a voter if this were in place here.
In regards to Kash stepping own, there is another way that the issue can be resolved. The person who got the Second highest votes should step in as the MLA because they were slimed by Heed's campaign crew.... and in doing so spent too much money.
No need to spend money on a bye-election.
A Little Perspective
We have all come a bit unglued at the thought of how $1000 implies a conflict of interest.
What if we were talking about millions of dollars?
Times Colonist has a timeline of the events after the May 12, 2009 provincial election, but with a little digging on the internet here is the list leading up to May 12th, 2009 with a quote from Kash Heed on April 28th, 2009:
"I won't let people put their own set of facts out there when the facts are incorrect," he said. "And I will deal with it within the processes that all us to deal with it."
Source: http://www.cbc.ca/canada/bcvotes2009/story/2009/04/28/bc-election-heed-yiu.html
- April 23rd, 2009 at an all-candidates debate, Abbotsford West NDP candidate Taranjit Purewal says he's in favour of an inheritance tax so says BC Liberal candidate for Abbotsford West Mike de Jong.
- April 24th, 2009 English-language radio station. Yiu, Heed and the Green party's Jodie Emery participated in the Christy Clark show on CKNW with fellow Vancouver-Fraserview riding opponents, Kash Heed of the Liberals and Gabriel Yiu of the NDP." TOPIC Drug issues.
Source: From http://jodieformla.ca/Main/ElectionBlog
- April 28th, 2009 "Heed threatens lawsuit against Yiu over drugs debate"
Source: http://www.cbc.ca/canada/bcvotes2009/story/2009/04/28/bc-election-heed-yiu.html
- April 29, 2009 Jodie Emery's Election blog has, correction, HAD a link to Youtube (http://www.youtube.com/watch?v=dyPpqihr0zY) which as now been removed with this warning:
"This video has been removed due to terms of use violation."
- May 1 or maybe April 29th or 30th, 2009 Heed accompanied by Sherry Wiebe, Candidate for Vancouver-Mount Pleasant, met with a number of Chinese community leaders to discuss and listen to their concerns for drugs and Death Taxes.
- May 1, 2009 BC Liberals website for Mike de Jong announces NDP Death Tax
Source: http://www.bcliberals.com/stop_the_ndp/stop_the_ndp__learn_more/ndp_candidate_resurrects_death_tax
- May 1, 2009 Kash Heed (written by Barinder Sall) DEATH TAXES
Source: http://www.kashheed.com/news/
- May 4, 2009 when it is alleged Sall and Khanna produced the controversial pamphlet but failed to label it as an official campaign document.
Source: http://www.vancouversun.com/story_print.html?id=2981076&sponsor=
- May 7, 2009, Khanna is alleged to have lied to Elections BC when their representative contacted him about the pamphlet.
Source: http://www.vancouversun.com/story_print.html?id=2981076&sponsor=
- May 8, 2009 "Legal weed accusation puts Heed on defence: Vancouver-Fraserview race turned bitter"- By Mike Howell Friday, Vancouver Courier
Source: http://www2.canada.com/vancouvercourier/news/travel/story.html?id=2fd0384b-779a-4f20-8522-be311e687b81
Oh, and the video that has been pulled off of youtube..... CKNW probably has the hard copy if anyone is interested.
Ignorance of the law is no defense!
Kash Heed must take responsibility for the actions of his campaign staff. The fact that he was appointed to cabinet makes this doubly important!
Resign the seat and run in a by-election seems the most democratic and honourable way to resolve this.
NvG there's a few smoking guns that special prosecutor could have used to charge mr heed!but then why should he look for any evidence it not his job to incriminate his buddies payola buddies how convenient.
Is anyone here capable of reporting to use how the Heed Affair is being reported in the Chinese-language media? For that matter, how is the Basi-Virk trial being covered/explained (if at all)?? Or the HST? IPPs??
Too big a bloc of voters to not be taken into account. Heed's campaign staff clearly knew that, huh?
BTW exactly how many successful recall campaigns would it take to bring down the House? i.e. to render the government's majority into a minority? Would we have to wait for byelection results? I'd think so, maybe, if it were only about five. But if it were eight or more MLAs unseated, then a vote of confidence could be held and .....
Campbell would probably prorogue the Legislature to prevent that from happening. Or if not him (if he'd been unseated) then the next-in-line....but if the Premier is unseated, and the government's majority undone at the same time, then they're not in a position to prorogue, and.....
What I'm getting at is that 2013 isn't necessarily the date of the next general election. Not by a long shot, between recalls and possible resignations - or defections from the governing caucus.
Backbench Liberals who are uncomfortable with the lynch-mob mentality rising in the public, do you really want to be in the same tar bucket with the cabinet power-players or are you going to save your own necks by showing some dignity, and respect for the public, by crossing the floor?
It would only take five or six of you to effect a change of government....think about it. You might even get a cabinet seat in the bargain.....and redemption in the eyes of an increasingly-angry public....
"I won't let people put their own set of facts out there when the facts are incorrect," Kash said.
Oh The Irony!
He's talking about the NDP and now he can say it again, about his own wrecking crew.
"long winded argument plus..
Uh, yeah, someone did tell me not to complain which is on my mind every time a politician opens their mouth. As to being lazy, that's just plain ridiculous. Obviously I spend a lot of time staying informed, I know more about the HST and other current political topics as well as general workings of government and political environments than most of my voting friends."
Well not bad, but blogs are not going to change anything when it comes to different MLAs representing the people. That only comes with actually voting.
If there were more people actually voting NDP than writing opinions to blogs such as this one, the NDP would probably have won govermment in last year's election which ended
this time next week. The result?
No HST.
So what does that tell the lazy people who don't bother to vote and just sit at home in front of a computer writing to blogs.
Being informed is one thing. Actually doing something about participating in voting is actually quite another. But there's also volunteering in politics for the candidate of choice and too few people actually do that. The result? The parties have to rely on slef-centred talent such as those who ran the Kash Heed campaign and rely on "dontated" help from the public sector unions to help Shane Simpson and other NDP wags get elected.
If people really want to see change, get out and vote. Even if it is a recall caused by-election.
Recalls aren't going to be properly finished until Election Day of the by-election and people
actually get out and vote rather than sit at home using a keyboard to write to an NDP-favourable blog such as this one.
B.C. alters health structure to avoid $3.5-million HST bill
07 May 2010
"After almost a year of arguing that the harmonized sales tax is good for the economy, the B.C. government has redrawn part of its organizational chart to avoid a $3.5-million HST bill.
The Ministry of Health Services and the CEOs of the provincial health authorities have agreed to tuck the Shared Services Organization, which provides services such as computer support and bulk purchasing for the health sector, under the wing of one of the health agencies.
Without that change, the health authorities would be paying more money for the services provided by the agency."
Justine Hunter, The Globe and Mail
I can't tell anymore if this is about Kash Heed, HST, voting, BC Rail or blogs in general. Just to mix it up there's some random gibberish in the middle.
My opinion. Kash Heed should go, HST should stay. Not that I agree with HST but it helps make the point about voting. We might hear more about voting if the successful petition fails to change anything. We probably won't hear about BC Rail until after the trial or the 990 year lease is up, whichever comes first.
Kash Heed - "I won't let people put their own set of facts out there when the facts are incorrect"
"Everyone is entitled to his own opinion, but not his own facts." - Bernard M. Baruch
Some thoughts on democracy vs dictatorship with quotes from other posts here.
I agree with both sides of the argument here and I think the issue of how our government is chosen and asked to perform has a great deal to do with the end results such as the HST and Kash Heed.
"...different MLAs representing the people. That only comes with actually voting"
But is that necessarily better than the Liberals?
"I very conscientiously don't vote for a dictatorship by not voting"
And if it's diapproval of all parties then what other option is there? This conscientious objecter position is only acceptable if there is an alternative plan to change what is viewed as dictatorship.
"Democracy depends on people invoking change by voting"
"What I'm not interested in is a dictatorship"
And here's the problem. Democracy DOES depend on change by voting but when voting has the opposite effect, whether it's misrepresentation by candidates during campaigning or government refusal to listen to majority opinion, then we don't have democracy. We may want it but wanting and having are two different things.
"If there were more people actually voting NDP..., the NDP would probably have won govermment in last year's election"
Well, yes and if we had more people voting for the Rhinoceros party then we would have a Rhinoceros government. That doesn't necessarily mean better.
"Proud to be a non-voter"
"I want my say in the selection of an MLA"
So some people don't vote because they say one is no better than the other and the only argument offered is "vote for change". Others choose wisely to vote because it may not be much but at the moment it's all we have.
"If people really want to see change, get out and vote"
For those who believe in democracy, this works. However there is an alternative to bringing about change. Historically, dictators have almost always been ousted by revolution, which may only serve to change the ruler while keeping the same form of government in place but sometimes brings about a switch to some form of democracy (which tends to manifest itself as a less brutal form of dictatorship).
Obviously nobody wants violence to be the solution or else, given the nature of the HST revolt, we could easily be there. As I said, I agree with both sides. I see our government as resembling a dictatorship, not even cleverly disguised any more as with previous editions. I also believe we should have the ability to change that situation by voting for it to happen.
"I would become a voter if this (Australian system) were in place here"
This would not be enough. I work for a living. I was chosen by my boss to do a job and I do the job he asks of me or I am fired. But the government is chosen by us and then THEY tell us what they will do and we are not permitted to fire them for a given length of time (variable but too long). These changes need to be effected or we will continue to be run more dictatorially than democratically.
So in the end, we need to put in place an agreeable set of political reforms that do not allow abuse of power but as nobody in power will choose to give it up, it must be forced upon them by a combination of proportional representation/independent minority government and (possibly violent) revolution to seize the power that ordinary people have mistakenly assumed they still control with their vote.
@Klaus
had to think about your second comment for a while.
Yes, I think my comment (about your first comment) added to the conversation on Bill's blog.
HOW we post and raise points is key in supporting dialogue. I prefer semi-moderated blogs for that reason.
Re:"If the dirty tricks flyer against NDP candidate Gabriel Yiu was found to have been funded by the Heed campaign and that the election spending limit was therefore exceeded, a by-election could result."
Bill, as I understand it, the source of funding is supposed to be declared but it is the expense that is relevant here. Candidates can raise an unlimited amount of donations but there is a limit on campaign expenses. Obviously, if the defendants, being the official representatives of the candidate, are found to be the responsible the leaflet and robo-calls it follows that the fair market value of those items must be added to the expenditures of the Heed campaign.
Exceeding the spending limit is what could ultimately result in a bye-election.
Bill,
You are a seasoned traveller of political circles and have access to legal interpretations and mores of BC election law. Perhaps you can instruct me/us: is a by-election truly the correct remedy for a campaign that cheated so that its candidate would win?
If found to be in contravention of election laws, do Mr. Heed and his team really get a do-over? I would think that Mr. Heed would have to forfeit his seat in the Legislature if his campaign officers were found guilty of cheating on his behalf.
If there were to be a do-over allowed, wouldn't it be most appropriate for Heed's campaign to reimburse Gabriel Yiu and all other 2009 candidates in the running for that riding? Also, shouldn't Mr. Heed reimburse the province for having arrived at his position illegally; and thus received his MLA salary illegally?
Is it not legitimate to assume that Gabriel Yiu is owed back pay for not having been able to assume his seat?
I believe that, in a nation of laws, that if I or those in my charge make a mistake that causes harm or expense to others, I have a moral and a civil duty to make things correct to the best of my ability. If I don't I may face a civil suit. We take away cars, houses and other possesions of drug dealers if they are found to have been purchased from through illegal activities. I think Mr. Heed has received a benefit illegally. What do you think?
SIG
http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20100510/bc_robertson_apology_100510/20100510?hub=BritishColumbia
"Robertson sorry for taking special prosecutor job"
"Terrence Robertson told reporters Monday he should never have taken a job as special prosecutor investigating Kash Heed's campaign, and said he has returned all legal fees paid to him." SNIP
Candidate who incurs election expenses over limit
217 (1) Unless relief is granted by a court under section 219, a candidate whose election expenses exceed the applicable election expenses limit is subject to the following penalties:
(a) in the case of a candidate who is declared elected as a member of the Legislative Assembly, at the applicable time under subsection (3) the member ceases to hold office and the seat of the member becomes vacant;
(b) in all cases, the candidate must pay to the chief electoral officer a penalty of double the amount by which the election expenses exceed the limit.
(2) The chief electoral officer must present a report to the Speaker respecting a member of the Legislative Assembly who may be subject to the penalty under subsection (1) (a) as soon as possible after the applicable report is filed for the candidate.
(3) A member referred to in subsection (1) (a) ceases to hold office and the seat of the member becomes vacant as follows:
(a) if no application under section 219 is made in respect of the member, at the end of the period for making such an application;
(b) if, on the final determination of an application under section 219, the court refuses to grant relief, at the time of that determination.
Political party that incurs election expenses over limit
218 (1) Unless relief is granted by a court under section 219, a registered political party whose election expenses exceed the applicable election expenses limit is subject to the following penalties:
(a) the chief electoral officer must suspend the registration of the political party for a period of 6 months from the date of the suspension as recorded under section 169;
(b) the registered political party must pay to the chief electoral officer a penalty of double the amount by which the election expenses exceed the limit.
(2) The chief electoral officer must give the registered political party notice of the period of a suspension under subsection (1) (a).
Court order for relief from election expenses limits
219 (1) A registered political party or candidate may apply to the Supreme Court in accordance with this section for relief from a penalty under this Division for failing to comply with an election expenses limit.
(2) For certainty, a registered political party may apply under subsection (1) in relation to an obligation of a candidate who represented the political party.
(3) An application may only be made within 120 days after general voting day for the election or, if the failure to comply is disclosed by a supplementary report under section 212, within 30 days after the supplementary report is filed.
(4) The petition commencing an application must be served on the chief electoral officer within 7 days after it is filed and the chief electoral officer is a party to the application.
(5) On the hearing of an application, the court may do the following:
(a) grant relief from a penalty if the court considers that, in relation to the non-compliance, the financial agent and, if applicable, the candidate have acted in good faith;
(b) if relief is granted for a political party that has been suspended under section 218 (1) (a), order that the suspension be cancelled immediately or at a time or on conditions specified by the court;
(c) refuse to grant relief.
Source: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96106_10
Kash Heed has filed his defence in the wrongful dismissal case as represented by MILLER THOMSON LLP.
Miller Thomson has donated about $10,000 to the BC Liberals according to Elections BC - no telling (yet) how much individual lawyers have put in.
Who is paying for this defense? Heed? BC Liberals? BC taxpayers?
Now here's a section (in bold type) of BC's Election Act that has caught Barinder Sall and Satpal Johl in a jamb with Election BC, the RCMP and one of two Special Prosecutors (without predicting what the second SP will recommend).
"Election advertising sponsors must be registered
239 (1) Subject to subsection (2), an individual or organization who is not registered under this Division must not sponsor election advertising.
(2) A candidate, registered political party or registered constituency association is not required to be registered as a sponsor if the individual or organization is required to file an election financing report by which the election advertising is disclosed as an election expense."
Source: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96106_11
Thanks anonymous 8:19,
Well, it looks to me that somebody ought to sue somebody. This looks like a class action that could be filed on behalf of Thanks anonymous 8:19,
Well, it looks to me that somebody ought to sue somebody. This looks like a class action that could be filed on behalf of Gabriel Yiu if not the citizens of BC. There is criminal law and there is case law. I would think that a good set of lawyers ought to be able to argue in favour of Gabriel Yiu. It seems to me he has been wronged in this case. Further, I think that the criminal code is too weak with regards to election spending.
There a case to be made with going over the limit. Is there not a case to be made that Heed has received a benefit as a result of fraud by his campaign team? This is more than going over a spending limit. This is about willful lying to the electorate, and tangible proof of libel. This is no petty theft. This is a brazen attack on democracy!
Sherry Wiebe and Kash Heed sat down with Chinese community leaders on, or the day before May 1,2009, to discuss the BC Liberals plans not to introduce a Death Tax like the NDP (via the illegal pamphlets).
The amount of votes that Kash Heed won by, is probably keeping him from resigning as an MLA, but the question here is, has the RCMP approached the Chinese Community leaders who must have been bombarded with questions from their constituents in THREE different ridings with Vancouver-Frarerview taking the biggest hit of all.
Has the RCMP collected a list of names and phone numbers from the Chinese Community?
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