Wednesday, July 13, 2011

Elections BC's rotten decision. It should have declared Kash Heed's Vancouver-Fraserview seat vacant after BC Liberal election overspending confirmed

Kash Heed & ex-Premier Gordon Campbell at 2009 cabinet swearing-in
Elections BC has made a rotten decision.

It has allowed Kash Heed to retain his Vancouver-Fraserview seat as a Member of the Legislative Assembly of British Columbia despite the BC Liberal Party admitting it overspent the $70,000 limit by an extra $5,000 in the 2009 election campaign.

Elections BC's lawyer Donald Farquhar told the Vancouver Sun that the independent agency would not ask for Heed's seat to be declared vacation.

"We're not contending that he [Heed] acted in bad faith. So if he can establish for the satisfaction of the court he acted in good faith -and we're not contending otherwise -then he would not have his seat vacated," Farquhar said. "But we are asking that he pay the penalty, which is two times the amount of the excess spending."

Heed's campaign manager Barinder Sall is facing criminal charges and Election Act charges for allegedly creating a vicious and defamatory anti-New Democratic Party leaflet and distributing it in the riding in the final days of the campaign.  Alleged leaflet printer Dinesh Khanna also faces charges.

NDP candidate Gabriel Yiu was robbed in that election - cheated out of winning the seat.  Now he is being mugged by Elections BC.

Heed's lawyer David Gruber told media outside a BC Supreme Court hearing in Kelowna where Chief Justice Robert Bauman heard the case that his client had no knowledge of the overspending or of the sleazly leaflet, which accused the NDP of being in favour of everything from legalizing cocaine and prostitution to imposing a death tax.

Fair enough - we'll take the former BC Liberal Solicitor-General and former West Vancouver Police Chief at his word.  And wait for Sall and Khanna's trial to hear more.

But the BC Liberal Party overspent the legal limits in that riding by $5,000 - that's an undisputed fact.

Someone, somewhere knew that was cheating, that it was illegal and that the penalty could be voiding the election results.

Heed didn't do his job as a politician.  Heed didn't check the finances or look at the paperwork or ensure that the spending limit was not exceeded.

And not by a few cents.  By $5,000 - 7% more than allowed.  The money that was spent on an absolutely despicable flyer aimed at scaring members of the Chinese-Canadian community into voting against Yiu - the NDP's excellent candidate.

Heed won by less than 800 votes - $5,000 could have made the difference between winning and losing.

So regardless of Heed's ignorance of the law - rather ironic for BC's former top cop - the price for overspending should be a by-election.  Instead, Elections BC's lawyer

Heed should be free to run again and face Vancouver-Fraserview voters and Gabriel Yiu a second time - if he dares.

But if Elections BC allows any candidate from any party to flagrantly overspend the limit and retain the seat won through cheating - by claiming ignorance of campaign spending laws - it will happen again and again.

And that's rotten.

.

19 comments:

RonS said...

This decision is meerly another nail in the coffin of the LIbERalS. This along with Crusty's indignation of Hahn's pension plan is dispicable at the minimum. Toss it all in with the lies right out of the gate after the 2001 election and what do we have? A government without morals, ethics or rules. This in fact is the most corrupt provincial government in Canada. The only government that may be more corrupt is the Federal Government!

Grant G said...

The BC Election act and laws are now "Null and Void"

Elections BC has created a

"Legal precedent"

Every other candidate from now on can claim the same ignorance as Kash Heed..

And even if Elections BC decides to strip a future candidate of his MLAship for similar offenses would matter not..

Elections BC has made new law, a new "precedent"


http://powellriverpersuader.blogspot.com/2011/04/open-letter-to-bc-supreme-court-and.html

Good Day

DPL said...

So an ex cop claims he didn't know what his own campaign team was doing, or spending. Only in BC could a guy get to be a chief of police and know nothing about what was going on around him. It smells of course but the smell is the rotten Liberals

Anonymous said...

I was curious about Hahns' contract being unbreakable according to Chrusty and yet when the Lieberals came to power, they tore up the HEU contracts without a blink of an eye. Can anyone explain how one contract is easily destroyed with thousands layed off, but one crook goes on with an arrogant smile.
Meanwhile hospitals are full of new illnesses including C-Dificile.
Help us understand this, Mr. Bill!

Anonymous said...

Disgusted yet again by the lieberals and Elections BC.

And I agree with Anonymous 7:24. How is one contract can be ripped up, but another can't?

North Van's Grumps said...

The BC Liberals are pushing the envelop on what is not permitted and what is an outright violation of the Election ACT.

Christy Clark, candidate MLA, was not permitted inside the one hundred metre bubble and yet Elections BC excused her for delivering sandwiches to her crew at one of the Vancouver Point Grey voting places because she wasn't inside the voting area.

Kash Heed's excuse (should have been tossed out and a Bye election called) will only encourage more Candidates to spend too much money and when discovered that they overspent, will be penalized by double the amount that was spent.

If there's going to be monetary penalty it should be for the WHOLE amount that was spent, not a measly 7 per cent!

Paul said...

Can anyone confirm if there is any truth to this?

Mayor caught stealing 'YES' HST Sign - Puget Sound Radio

HEADLINE:

PEMBERTON MAYOR CAUGHT STEALING “YES TO EXTINGUISH HST” REFERENDUM SIGN

Puget Sound Radio page!

Thanks

cherylb said...

What did you expect from the Craig James-led Elections BC Bill? They've been making outrageous calls ever since Harry Neufeld left and he stepped in.

Two consolations though. Craig will be gone Sept. 1 and maybe the new guy will turn out to be ok.

And, Kash Heed won't get re-elected and won't qualify for a government pension after only one term.

Anonymous said...

Bill;
Did you write this in a hurry? Second and thirteenth paragraphs, I believe are somehow incomplete, unclear? I'm not catching the whole drift but I agree with your message that Elections B.C. have dropped the ball on this call.
This does NOT build my confidence in Elections B.C. that they will be properly counting and representing the HST votes that are being mailed in to them. Not a trustworthy track record on behalf of the citizens of B.C., in my opinion! I sure hope they are BEING MONITORED when the counting and verifying ALL the HST votes that are mailed in to them are being counted.
Just sayin'...SOS (YES) SCRUTINEERS!!!

Anonymous said...

Laws in BC are only for the citizens.

There are no laws for, corrupt premiers, Liberal ministers, drunk politicians, police, Elections BC, judges, spouse abusers, such as Pimm. They are free to lie, abuse and steal again and again. The media aids and abets, criminal BC Liberals.

Campbell has stolen, an entire railroad, and our rivers. Heeds overspending, will be overlooked. I can well imagine, what Heed could expose, about Campbell and the BC Liberals.

Anonymous said...

The overspending, discovered later by investigations, was less than 10%, about $5000.


That's just not a big deal and no one can say that it is a big deal, ... unless, of course, the real issue for them is something else. Which in BC provincial politics is almost always the case.


The BC Elections Act is very weird about this kind of thing, prescribing a ridiculously over-the-top penalty, then allowing a judge to vary it. The Act, last re-written in any major way under Premier Mike Harcourt, needs an overhaul on this point, as well as on sources of donations.

Bill Tieleman said...

Warning - I have had to delete a number of postings for libel concerns. Accusing individuals of personal criminal activity or defaming them beyond the bounds of fair comment is inappropriate and will not be published here.

Anonymous said...

Election BC has always made rotten, unfair decisions.

It's pretty obvious to me, BC Elections are pro Liberal. The recall fiasco was a good example. So was Christy standing under her umbrella, at the Point Grey by-election. Who other than Craig James, would be that underhanded? I mean, other than the BC Liberals?

What laws and rules, have the BC Liberals ever obeyed? The element of surprise, has been long gone.

Laws and rules are for the BC public, not for the BC Liberals.

Anonymous said...

"Laws and rules are for the BC public, not for the BC Liberals."

They're also not for the NDP either.

Anonymous said...

Bill, you're right that Gabriel Yiu was mugged by the BC Liberals and then by Elections BC. Sadly, he may be denied the opportunity to run again in Fraserview because George Chow is rumoured to be interested in seeking the nomination. Of course, Chow is entitled to do that and Fraserview New Democrats are free to choose him as their candidate if they wish.

But it would be a grave injustice if the NDP were to turn their back on Yiu--who is widely respected in the community, all the more so for the dignified way in which he has comported himself in the face of sleazy political shenanigans. I hope Gabriel is given the chance to run again given the fact the last election was stolen.

Anonymous said...

"Bill, you're right that Gabriel Yiu was mugged by the BC Liberals and then by Elections BC. Sadly, he may be denied the opportunity to run again in Fraserview because George Chow is rumoured to be interested in seeking the nomination. Of course, Chow is entitled to do that and Fraserview New Democrats are free to choose him as their candidate if they wish.

But it would be a grave injustice if the NDP were to turn their back on Yiu--who is widely respected in the community, all the more so for the dignified way in which he has comported himself in the face of sleazy political shenanigans. I hope Gabriel is given the chance to run again given the fact the last election was stolen."

So why would Yiu be in for any special privilege? He tried to run in Burnaby, but failed. Failed to win in Fraserview. DOn;t blame Heed for wining on a bad campaign. Blame Yiu for not running strong enough. Should have been easy to win for Yiu since Ujjal had that seat before crossing the floor to the federal Liberals.

If he wants the nomination he should work it like anyone else.

Unless the NDP goes back to their old mantra:

"Everyone is equal, but some are more equal than others."

Anonymous said...

This is nothing new, I have no faith in our electoral system. Look at the federal scene and the corruption of the harper-cons.

Anonymous said...

This is nothing new, I have no faith in our electoral system. Look at the federal scene and the corruption of the harper-cons.

Can also look previously at the federal Liberals and also the BC NDP to see corruption there too.

Not only that look at the corruption with Patti Baccus and Vision Vancouver ("one of their own" appointments).

Anonymous said...

You lefties sure are a bunch of whiners and complainers. Maybe get some decent leaders and come up with some good policy instead of retread losers like Adrian Dix who are coached by archaic class warrior’s ala Bill Tielemen and people might actually be more inclined to consider the NDP. All the crying and finger pointing is pretty lame.