Thursday, February 09, 2012

Premier Christy Clark appoints Geoffrey Cowper, past defender of former BC Liberal Attorney General Geoff Plant - to review judicial system

Premier Christy Clark
What a surprise.  Premier Christy Clark - taking heat for the abysmal delays in the judicial system created by systemic underfunding by the BC Liberals - appoints a veteran lawyer to do a review.

And Geoffrey Cowper, QC, just happens to be the lawyer who spearheaded the 2002 defence for then-BC Liberal Attorney General Geoff Plant - who was facing a motion of non-confidence by members of the Law Society of BC over - wait for it - Plant's failure to properly fund the judicial system!

The motion of non-confidence in Plant passed overwhelming by a vote of 717 to 83.

UPDATE #1:  Thanks to Ron1 commenting below for pointing out that Cowper's firm Fasken Martineau gave $10,000 to - guess - Christy Clark's BC Liberal leadership campaign.  


That wouldn't necessarily mean too much in a big law firm but Geoff Cowper's name is one of two listed in brackets after Fasken Martineau, indicating he is a Director - a requirement of Elections BC for "an unincorporated organization" - which strangely is how the donation is also coded. 


Elections BC financial donation records show that Fasken Martineau has given over $175,000 to the BC Liberal Party since 2005.  It also gave $885 to the BC NDP in 2010.

The motion at the Special General Meeting was introduced by Victoria lawyer Michael Mulligan, who spoke at the May 22, 2002 gathering, and was reported by the Law Society as saying:

"Mr. Plant's failure to meet his moral and ministerial duty will leave thousands of persons without legal representation in family law, poverty law and human rights matters," he said. "Let there be no misunderstanding: the rights and freedoms of those persons will go unprotected."
Mr. Mulligan noted that BC is the only province to collect a tax on lawyers' accounts, which generated $91.6 million in the past year, in addition to the $9 million received from the federal government for criminal legal aid. He said that Mr. Plant has proposed a plan to reduce legal aid funding to $54 million, while at the same time the government is increasing the tax rate from 7 to 7.5%.
"I expect today you will hear words to the effect that there should not be a personal attack on the Attorney General. Please recall that my resolutions are not with respect to Mr. Plant in his personal capacity, but rather in his performance as minister of justice," Mr. Mulligan said. "However, to the extent that he is made to feel uncomfortable, that pales in comparison to the effect of his plan on the powerless who will be denied access to justice."
Responding in oppostion to Mulligan's motion, Cowper stated: 
Mr. Cowper said that, while Mr. Plant had considered it his responsibility to call on the former government to fulfil its promises with respect to the tax, the Attorney also made it clear that he did not wish people to misunderstand the position of a new government, which was that the tax, if it could not be abolished, would go to general revenue.
He urged lawyers that this was not a motion to be passed at a Law Society meeting. "It allies us with the worst of our political culture; it allies us with personal attacks; it allies us with incomplete statements that are political in nature," Mr. Cowper said. "And finally, we don't elect the Attorney General; he doesn't have the office at our confidence. We elect a government, the Premier selects his Attorney and the Attorney fulfils his functions. It is only when his past as a lawyer is in question that we have any purchase over him, and we ought to defeat this resolution."
There's no question that Cowper is a veteran lawyer with considerable skills.
But his appointment, given his past connection with defending the same BC Liberal government - the one where Christy Clark was then Deputy Premier - from similar charges of underfunding the legal system - should be seen for what it is.
.

40 comments:

DPL said...

Another stall set up to somehow try to convince the public that what ever was wrong, she had nothing to do with it. It of course won't wash. Lots of reviews, but I fail to see a review outside of government for the BC Rail mess. wonder who she will appoint for the next mess. The Liberals never own up to anything.

Anonymous said...

"It allies us with the worst of our political culture; it allies us with personal attacks; it allies us with incomplete statements that are political in nature," Mr. Cowper said. "

Talk about the kettle calling the pot black! Remember "Risky Dix"?

Ron1 said...

Cowper's firm donated #10 thousand to Christy Clark's leadership campaign.

Enough said.

Anonymous said...

One scandal after another. Todays involves forcing seniors to take several driving tests from a company with inside connections. How about some info. on this story?
And Christy, if you are reading this, some advice: if you keep the HST in place 'till the next election, you will not only lose, you will be wiped out. The people have spoken and will speak again.

Anonymous said...

The judicial system in BC, is beyond help. Campbell's theft and sale of the BCR, tells us that. What a crock of a farce that was. Even police crimes caught on video and they still get off. Politicians and the elite, get off their DUI's and criminal charges, with a "special" prosecutor. Don't forget what the judicial system, did to Susan Heyes.

The day Campbell is in prison, for thieving our BCR. I would have a little more respect, for BC's judicial system.

Would Plant's review, be the same as Hansen's, stacked HST panel?

e.a.f. said...

Cowper doing the review? Poor Chrustie. You do have to feel sorry for someone who is that stupid. The public will know its a white wash but then maybe in some deluted state she thinks we won't notice.

On the other hand I would like to know how much Cowper is being paid. If it exceeds the amount of his donation, it will look like he is getting his money back. Anyone such as Cowper getting the appointment, in my opinion, is in a conflict of interest. He should withdraw from the position.

If Chrustie actually wants an inpartial review than she would have brought in some one from the outside. I'm sure Brian Peckford is sitting on Vancouver Island not doing much. there are people in other parts of Canada, etc. I would even settle for someone who had been an attorney-general in another province. No she has to have Cowper. What a waste of my tax dollars.

As to funding of legal aid, if there is a tax on legal fees than 100% of that money should go into the legal aid fund. Not a nickel into general revenue.

This is the second review Chrustie is having done and both are by biased individuals. Does she really believe people will believe the reviews are unbiased or is she just rewarding those close to her with their final paycheque before they are tossed out by the electorate.

Anonymous said...

Maybe the Law Society will act by filing a conflict complaint?

Henri said...

Could it be this review is an attempt to appease those many criminal lawyers that used to defend most of those charged with DUI before the new drinking and driving rules were implemented, which now probably has caused many lawyers to search out more honest legal work.

Anonymous said...

Could it be this review is an attempt to appease those many criminal lawyers that used to defend most of those charged with DUI before the new drinking and driving rules were implemented, which now probably has caused many lawyers to search out more honest legal work.

Another "could it be" supposition without substainiated fact.

Defending those charged with DUI would make any credible lawyer barf.

The simple aspect is "don't drink if you drive". If people insist on defending drunk drivers, well then maybe they should be there when the fire department has to extricate a screaming 5 year old girl who doesn't yet realise her mom has died because of the accident caused by a drunk driver.

Honest legal work is not helping some idiot who is obviously too much into the sauce get out of being charged because the poor sop drives for a living.

Lawyers who do defend these drunks are bottom feeders.

Anonymous said...

And Christy, if you are reading this, some advice: if you keep the HST in place 'till the next election, you will not only lose, you will be wiped out. The people have spoken and will speak again.


Well no shit. And what are you going to do when the NDP has to increase taxes to pay for everything they have promised?

Bet your behind that Bill here will NOT launch an anti-tax crusade against his own kind.

He had his well deserved credit on the HST, but don't expect an encore performance once the NDP is government. Ain't going to happen.

Anonymous said...

Cut close not hire complain review.?

Anonymous said...

To anon 8:00: Taxes will have to be increased substantially to pay for the $60 billion dollar debt that "crispy gordo" dumped on taxpayers lap. Only an idiot would think otherwise. Their criminal activities have cost the province dearly. Like it or not, the libturds are done.
I see also that Harper has brought us such a wonderful deal. $2 billion and 2 panda loaners. More brilliant thinking from "crispy gordo harper" Sigh.

Anonymous said...

I look forward to the day the BC NDP restores fair corporate taxation!

Remember the day BC Liberal Carol Taylor eliminated the corporate bank taxes in BC?

...and how shortly thereafter got a plum gig as a board member with one of those very same banks?

Anonymous said...

"To anon 8:00: Taxes will have to be increased substantially to pay for the $60 billion dollar debt that "crispy gordo" dumped on taxpayers lap."

and that's on top of any additional taxes we will be paying to pay for Bill's friend Adrian's bright ideas.

"Only an idiot would think otherwise. Their criminal activities have cost the province dearly. Like it or not, the libturds are done.

Yeah so? So why keep perpetually whining about them? The NDP is not going to make BC a political land of milk honey and delirium set happiness either.

"I see also that Harper has brought us such a wonderful deal. $2 billion and 2 panda loaners. More brilliant thinking from "crispy gordo harper" Sigh.

DOn't see how that squares with the subject of discussion here.

The pandas' cost are borne by the zoos, not 100% by the taxpayer, and it's about $1 milllion a year for the time they are here.

Must be bad to be a perpetual whiner and Sour Sam.

Sigh.

Anonymous said...

"DOn't see how that squares with the subject of discussion here."
Never will.

Anonymous said...

Off Topic

Just wondering who will own the copyright on Premier Clark's CKNW speech, and the Q&A that follows?

Will we, the people, have to pay a corporation to hear, or distribute the Premier's words?

Anonymous said...

The segment of the BC population that still listens to CKNW for "news" is limited to the hard right and those that give critical analysis to what is said on this hard right media propaganda machine.

The fact that CC chose a platform with a mostly contrived audience fits with the current strategy being deployed by neocons everywhere - Speak to the converted or don't show up for the debate.

Anonymous said...

"Just wondering who will own the copyright on Premier Clark's CKNW speech, and the Q&A that follows?"

It's public domain. Public airwaves are just that - public.

"Will we, the people, have to pay a corporation to hear, or distribute the Premier's words?"


Stupid question. Of course not.

We the people - including those who
can't figure out basics - can hear the speech, but why would anyone on the left want to? They seem to have everything figured out anyway.

You can get the audio vault and with a little basic use of audio resources you can keep a copy for yourself.

But like any resources, it's not kept there indefinately, as the files are continually moved along.

Anonymous said...

"The segment of the BC population that still listens to CKNW for "news" is limited to the hard right and those that give critical analysis to what is said on this hard right media propaganda machine."

Typical. What would be the response from the left when there is a Premier Adrian Dix?

The segment of the BC population that still listens to CKNW is limited to the hard left and those
that give critical analysis to what is said on this hard left media propaganda machine.

Same as it was when the NDP was in power.

"The fact that CC chose a platform with a mostly contrived audience fits with the current strategy being deployed by neocons everywhere - Speak to the converted or don't show up for the debate."

So I gather from this that Adrian Dix and the other NDP MLAs should not go to CKNW??

Bill did. More than once.

Anonymous said...

...like any resources, it's not kept there indefinately, as the files are continually moved along.


The future of public accountability in a BC Liberal government.

Anonymous said...

"The future of public accountability in a BC Liberal government."

and a future NDP government.

Anonymous said...

"Stupid question. Of course not." There are no such things as stupid questions. Only stupid answers, like yours.
The PAB is busy here today.

Anonymous said...

"The future of public accountability in a BC Liberal government."
In order to make good financial decisions in ones life, you need to look at the past performance. Such as reliability in autos and electronics. This applies to past and current governments. Looking at the past performance of this Clark government, one would have to support more lies, corruption and scandal. This goes way beyond what the socialists can be tagged with. 3 overrated ferries and a porch? The Libs have caused financial damage to this province that no one reading this will see fixed before their demise.
And imagine being told by an initiative to kill a tax and do no such thing? 100 years ago these criminals would have been imprisoned or worse, like treasonous dogs.

Anonymous said...

Corruption runs rampant within this government. Yesterday they screened callers on her CKNW talk show farce. I wish Crusty would just call an election and get it overwith.

Anonymous said...

"There are no such things as stupid questions. Only stupid answers, like yours."


hHere are if a person doesn't know their fundamentals or relies on poorly constructed suppositions.

"The PAB is busy here today. "

You're right, but which ones? The Liberals or the NDP ones? Or both?

Anonymous said...

"In order to make good financial decisions in ones life, you need to look at the past performance. Such as reliability in autos and electronics. This applies to past and current governments. Looking at the past performance of this Clark government, one would have to support more lies, corruption and scandal. This goes way beyond what the socialists can be tagged with. 3 overrated ferries and a porch? "

Alot more than just that. Hiking taxes, allowing easier access to Social Services cheques and then rescinding it, losses in the forest industry, ignorance of the Pine Beetle problem, the list can go on.

If you figure that Adrian Dix is going to be the best thing to be in BC since the arrival of the 7 Series BMW, you're going to be sadly mistaken. He'll be more like a cheap Hyundai Pony.

Anonymous said...

"He'll be more like a cheap Hyundai Pony."
Hyundai has come a long way in the developement of the auto industry.
One cannot say that of the B.C.Lieberals. When's that election?

Anonymous said...

Hiking taxes? Are you kidding me? HST, Carbon tax, parking taxes, tolls. All part of this current bunch. Add a $60 BILLION debt and what would you expect? How about explaining how to pay the debt without more taxes? I mean without silly comments there, Potsey?

Anonymous said...

Hiking taxes? Are you kidding me? HST, Carbon tax, parking taxes, tolls.

Remember the NDP created Translink.

All part of this current bunch. Add a $60 BILLION debt and what would you expect? How about explaining how to pay the debt without more taxes? I mean without silly comments there, Potsey?

Well Ralph, its simple. reduce people's dependency on the government and leave such dependencies for those who really need it. Not for those who want it.

Maybe Richie can explain it to you Ralphie, with help from Mr. C.

We'll meet at Arnold's.

Ayyyy...

Anonymous said...

"Well Ralph, its simple. reduce people's dependency on the government and leave such dependencies for those who really need it. Not for those who want it."
If you believe the debt is all related to welfare handouts, you are part right. Corporate welfare is the main theme of the province.
Instead of talking points, be specific. Name exactly what you would do to eliminate this massive debt without more taxes. Name the programs and services you would eliminate or cut back. You have $60 billion to cut.

Anonymous said...

"Remember the NDP created Translink."
Remember that the Liberals have carried it foreward for 11 years and counting. Still there.
Remember the NDP created ICBC. Remember that the Liberals have carried it for 11 years. Still there.
Remember B.C. Ferries? The Libs sold it and hired David Hahn and paid him $980,000 in welfare,er salary and now a pension. Hired German workers to build boats that keep crashing and sinking.

Shouldn't you be phoning CKNW and trolling there?

Anonymous said...

"Maybe Richie can explain it to you Ralphie, with help from Mr. C."

How about you explain it. Be specific now, not talking points.

Anonymous said...

How about you explain it. Be specific now, not talking points.

Do your own homework. None of the German ferries sank.

The Skeena Queen had engine problems when it first sailed, the engine problems occured after the warranty expired.

and by the way should the NDP win the next government, be prepared to defend it.

There will be little excuse to complain about them by obvious supporters from this blog.

Anonymous said...

"and by the way should the NDP win the next government, be prepared to defend it."
If the New Democrats turn out to be useless, why would you assume I would not want them out? You seem to assume that everyone here is pro NDP where in reality we are just anti corruption.
Still waiting for these cuts.... .

Anonymous said...

"If the New Democrats turn out to be useless, why would you assume I would not want them out? You seem to assume that everyone here is pro NDP where in reality we are just anti corruption.
Still waiting for these cuts.... "

Yeah and who is "we"? If you're anti-corruption, you're in the wrong place. The NDP has its own version of corruption. You'll see it starting September 2013.

They'll be hiring and appointing their own kind jsut as the Liberals did.

Be here when it happens.

Anonymous said...

Jsomm
One thing you've got to love about BC politics is irony...

Anonymous said...

One thing you've got to love about BC politics is irony...

and the perpetual hypocrisy in all BC parties which goes up and down like a toilet seat.

sandra Olson said...

I am grateful for anyone looking at the problems in the judicial system. There are so many now that it is paralized. I will list a few. 1) inordinately high fees to access the justice system, 2)judges employing "legal speak" and insisting that if the material you supply to the court comes in the wrong color book cover, it is inadmissable. 3)judges determining the merits of a case without examination of the evidence, 4) judges and opposing counsel using rude and inappropriate personal insults to degrade persons representing themselves as a result of no legal aid, 5)arrogance of the courts insisting they account to no one, 6)Judge picking by counsel, to get the orders they want, 7) registry politics, refusal of registry to accept cases, claims they "lost" the file, failure to properly advise self represented litigants of time lines etc etc. 8)Judges failing to follow the rules of the evidence act, then stating they don't have to, they can do what they want. I have had all of these things occur to me alone. God help the rest of the population who dream that the judical system is in any way interested in our constitutional rights to justice.

Anonymous said...

now that we have stopped arguing politics, does no one have anything to say about the systematic failures of the courts? The erosion of our constitutional rights? The abuse of the judges who sit in our courts? Come on now people, no matter who is elected, this is happening now. It has been happening for years. Lets discuss the judicial system and how we no longer really have one.

sandra Olson said...

I have also posted most of the same comments I made in the above posts, on geoffrey Cowpers public opinion website (bc justice reform.ca) I just checked and my comments have been removed. I believe my stating exactly the lack of respect our courts have for the public, and for our expectations that they at LEAST follow the evidence act and provide a FAIR AND EQUITABLE court hearing did not meet with their approval. How do you the public feel about the comments I have made so far about how the courts act toward the public? Do you think we should be silenced for critical comments of them? This is not a fair democratic country following the charter if not.