If there was any doubt before now that there's something in the water in Ottawa, this week should make the answer clear.
All political parties appear to have lost their collective minds.
First - Stephen Harper is proving in spades why Canadians have for two elections in a row made sure they only gave the Conservatives minority support.
The outrageously self-serving attempt to financially destroy all the other political parties by removing standing public funding - funding that makes our electoral system more democratic and less influenced by big money donors - was a classic Harper hardball move that backfired.
Whether you agree or not with public funding - or even know about it - there is no question the Conservatives intended to fatally wound their main opponents, the Liberal Party, by dramatically reducing their income by many million dollars.
The NDP, Bloc Quebecois and Green Party would also be significantly harmed by a move that would save $30 million out of a government budget of $240 billion.
It appears that the Conservatives will now drop the removal of public funding from their economic bill but the fact that they put it in as part of the government response to the worldwide financial crisis is despicable and unconscionably partisan at the worst possible time.
That move provoked a furious response from the opposition parties - which is justifiable - and ongoing plans to attempt to form an alternative coalition government - which is completely unjustifiable.
They are now attempting to argue that removing Harper is because of the failure of the Conservative government to offer an appropriate economic stimulus plan. True or not, the instability that this would create in Canada at a dangerous time is far more damaging than passing a lacklustre Tory bill.
And when the Barack Obama government takes office in January 2009, we will see what economic leadership our largest trading partner shows and then act accordingly. There is plenty of time for a change of course and a more vigorous response.
Anyone who reads this blog or my columns knows that I am no friend of Stephen Harper or the Conservatives.
But they just won the most seats in Parliament in a free and fair democratic vote.
Any attempt to replace Harper as prime minister with the fallen leader of the Liberal Party, Stephane Dion, or even worse, a prime minister chosen by the caucus of Liberal MPs is ridiculous.
The Liberal Party suffered its worst defeat ever in this past election. It has no electoral, political or moral mandate to lead Canada, period.
And to those diehard anti-Conservative activists of any political stripe who desperately want Harper out, consider this: the former Liberal government of Jean Chretien and his Finance Minister Paul Martin did far more damage - lasting damage - to social programs in Canada than either the Brian Mulroney or Stephen Harper Conservative governments.
Chretien and Martin slashed social program spending on health care and education to an unparalleled degree, balancing Canada's budget on the backs of this countries' neediest citizens.
Which brings me to the New Democratic Party and leader Jack Layton.
The NDP should not, repeat, not be enabling the Liberal Party in its shameless efforts to regain power when Canadians have democratically rejected them.
The Liberals are a discredited party led by a discredited leader. They need to renew, reorganize and reform themselves - not form a government!
And if the NDP ally themselves with the Liberals after years of clearly showing the significant differences between a social democratic party and a centre-right party that is not progressive when in government, they risk disaster.
And the NDP should not, repeat, not be working with the Bloc Quebecois - an unabashedly separatist party - to replace the current government.
Those, like author Margaret Atwood, who have spoken favourably of the Bloc Quebecois's social democratic tendencies seem to forget that their prime goal, their sole reason for existence, is to break Quebec away from Canada.
They have every democratic right to do so and so long as Quebec voters send them to Ottawa, the represent a significant part of the country.
But the NDP and Liberals work hand-in-glove with separatists at their enormous peril.
I fear that Canadians will have no sympathy for the NDP or Liberals, no matter what arguments they make about the Conservatives, and will punish them severely whenever the next federal election takes place.
Canadians clearly want all parties to cooperate as much as possible in a time of economic crisis.
The Conservatives failed that test just weeks after being elected.
Now the opposition parties are attempting to fail in an even worse way.
It's time for all parties to stop playing games and start saving jobs and investment - get on with it!
Saturday, November 29, 2008
Friday, November 28, 2008
Kind words about Basi-Virk case coverage
My friend and 24 hours newspaper colleague Alex Tsakumis has written a fine column today about the Basi-Virk case that I am pleased to reproduce here with his permission.
I am also honoured by his kind words about my coverage of the BC Legislature Raid case on this blog, at 24 hours and The Tyee.ca.
Alex notes that the Jack Webster Foundation, which sponsors BC's annual journalism awards, ignored my work this year. I have not made any mention of it here but since Alex raises it let me say something about that.
My writing on the Basi-Virk case was nominated jointly by 24 hours and The Tyee, for which I am very grateful - and for their ongoing support.
Unfortunately, the Webster Awards adjudicators declined to nominate me for the Jack Webster Award for Excellence in Legal Journalism, sponsored by the Law Society of British Columbia, which I found very disappointing.
However I want to make clear that I respect all of the other journalists who were nominated and the winners - CTV British Columbia's team of Lisa Rossington, Janet Dirks, Dag Sharman, Jina You, St. John Alexander, Kate Corcoran for their coverage of the Willie Pickton Verdict.
Awards are nice but the recognition of colleagues like Alex and the many journalists listed to the right on this blog, and that of readers and the public is what keeps me at BC Supreme Court and following leads on this case.
Here's today's Rebel With A Clause column by Alex:
Public's right to know off the rails
By ALEX G. TSAKUMIS
24 hours newspaper
I am unsure what I find more upsetting: The media in hiding or the public oblivion, as an exact result.
For half of this decade, the labyrinth of legal posturing that has become known as, 'The Basi-Virk Trial,' has snaked through the courts, while we've all been sleeping.
Well, some, anyway.
The case, only in part, has seen the light of day but is not that much further along, in any form of resolution, than it was the day after the raids on the Legislature.
In the latest variant of pretzel gymnastics manifest in the now vaporized past five years, we, the sleepy public, are fed from upon high, by the Supreme Court, that issues pertaining to the arrival of a secret witness to the case, and how this should be handled, are tolerable.
The outcome of this latest decision has, in fact, derailed (pun intended) any more tangible progress of the trial, for as much as an entire year. There is an equally strong likelihood of the charges being dropped against David Basi, Bob Virk and Aneal Basi.
Then what?
Well, are we not obliged, in fact, do we not have a right, to know what happened to a well-performing public asset, B.C. Rail, that is said by some to have been sold in a dance and quick kiss goodnight?
Should we not know how this entire affair turned from a drug and money-laundering investigation into one that had the RCMP storm the people's provincial house?
All the relevant political questions emanating from this jagged legal process, too, must have caused the Premier and his closest aides more than a few communal heart flutters. But mustn't the questions be answered to preserve the public trust?
After all, the allegations of impropriety by the Premier's office are serious, are they not?
Don't fool yourselves.
And don't expect any substantive answers from the Premier or his horsemen.
Although courage found a vessel from the beginning.
The truth be told, only one person in this province has a full handle on this vexing and most troubling of cases, as it relates to you: Bill Tieleman.
Tieleman, who writes in this space every Tuesday, has consistently and splendidly narrated the twists and turns of the trial from day one.
On his website/blog, billtieleman. blogspot.com you will find the definitive account of 'Basi-Virk.'
You should read it. Every word. Because you damn well have the bloody right to know - as much as is there today.
And Messers Virk, Basi and Basi have a right to clear the anachronistic cloud hanging above their heads.
Madam Justice Elizabeth Bennett, who presides over this legal warren, made it clear some time ago that it is indeed in the public interest for this trial to proceed.
So, it makes Tieleman's erudite labours all the more momentous. He has done a huge service to you, the public, by creating a remarkable journal, which catalogues the trial from its genesis to present day.
The entire body of work Tieleman has committed to is the single most important piece of legal journalism in this province's history (although the Webster Awards, embarrassingly for them, ignored him - this year).
No one else has so meticulously followed the case, and, with such care and precision, parsed the sometimes minute, pertinent details from the side issues. Remarkable indeed.
If, for whatever reason, the so-called 'Basi-Virk Trial', does not eventually proceed to the heart of the matter, it will be a colossal travesty of justice that the three defendants may have to seek alternative remedy to clear their names, but more so, if that's at all possible, that the people of B.C. may never know what happened.
Even though it's in the public interest. You absolutely have the right to know.
I am also honoured by his kind words about my coverage of the BC Legislature Raid case on this blog, at 24 hours and The Tyee.ca.
Alex notes that the Jack Webster Foundation, which sponsors BC's annual journalism awards, ignored my work this year. I have not made any mention of it here but since Alex raises it let me say something about that.
My writing on the Basi-Virk case was nominated jointly by 24 hours and The Tyee, for which I am very grateful - and for their ongoing support.
Unfortunately, the Webster Awards adjudicators declined to nominate me for the Jack Webster Award for Excellence in Legal Journalism, sponsored by the Law Society of British Columbia, which I found very disappointing.
However I want to make clear that I respect all of the other journalists who were nominated and the winners - CTV British Columbia's team of Lisa Rossington, Janet Dirks, Dag Sharman, Jina You, St. John Alexander, Kate Corcoran for their coverage of the Willie Pickton Verdict.
Awards are nice but the recognition of colleagues like Alex and the many journalists listed to the right on this blog, and that of readers and the public is what keeps me at BC Supreme Court and following leads on this case.
Here's today's Rebel With A Clause column by Alex:
Public's right to know off the rails
By ALEX G. TSAKUMIS
24 hours newspaper
I am unsure what I find more upsetting: The media in hiding or the public oblivion, as an exact result.
For half of this decade, the labyrinth of legal posturing that has become known as, 'The Basi-Virk Trial,' has snaked through the courts, while we've all been sleeping.
Well, some, anyway.
The case, only in part, has seen the light of day but is not that much further along, in any form of resolution, than it was the day after the raids on the Legislature.
In the latest variant of pretzel gymnastics manifest in the now vaporized past five years, we, the sleepy public, are fed from upon high, by the Supreme Court, that issues pertaining to the arrival of a secret witness to the case, and how this should be handled, are tolerable.
The outcome of this latest decision has, in fact, derailed (pun intended) any more tangible progress of the trial, for as much as an entire year. There is an equally strong likelihood of the charges being dropped against David Basi, Bob Virk and Aneal Basi.
Then what?
Well, are we not obliged, in fact, do we not have a right, to know what happened to a well-performing public asset, B.C. Rail, that is said by some to have been sold in a dance and quick kiss goodnight?
Should we not know how this entire affair turned from a drug and money-laundering investigation into one that had the RCMP storm the people's provincial house?
All the relevant political questions emanating from this jagged legal process, too, must have caused the Premier and his closest aides more than a few communal heart flutters. But mustn't the questions be answered to preserve the public trust?
After all, the allegations of impropriety by the Premier's office are serious, are they not?
Don't fool yourselves.
And don't expect any substantive answers from the Premier or his horsemen.
Although courage found a vessel from the beginning.
The truth be told, only one person in this province has a full handle on this vexing and most troubling of cases, as it relates to you: Bill Tieleman.
Tieleman, who writes in this space every Tuesday, has consistently and splendidly narrated the twists and turns of the trial from day one.
On his website/blog, billtieleman. blogspot.com you will find the definitive account of 'Basi-Virk.'
You should read it. Every word. Because you damn well have the bloody right to know - as much as is there today.
And Messers Virk, Basi and Basi have a right to clear the anachronistic cloud hanging above their heads.
Madam Justice Elizabeth Bennett, who presides over this legal warren, made it clear some time ago that it is indeed in the public interest for this trial to proceed.
So, it makes Tieleman's erudite labours all the more momentous. He has done a huge service to you, the public, by creating a remarkable journal, which catalogues the trial from its genesis to present day.
The entire body of work Tieleman has committed to is the single most important piece of legal journalism in this province's history (although the Webster Awards, embarrassingly for them, ignored him - this year).
No one else has so meticulously followed the case, and, with such care and precision, parsed the sometimes minute, pertinent details from the side issues. Remarkable indeed.
If, for whatever reason, the so-called 'Basi-Virk Trial', does not eventually proceed to the heart of the matter, it will be a colossal travesty of justice that the three defendants may have to seek alternative remedy to clear their names, but more so, if that's at all possible, that the people of B.C. may never know what happened.
Even though it's in the public interest. You absolutely have the right to know.
Thursday, November 27, 2008
Basi-Virk - Bombshells in BC Supreme Court - Defence alleges RCMP instructed not to suggest organized crime connected to BC Legislature Raid but did
BASI-VIRK
More bombshells fired by defence in wild day of court pre-trial hearing
By Bill Tieleman
The following story will appear in Friday's 24 hours newspaper in a shorter version and on The Tyee's The Hook
The RCMP was directly instructed by a Special Prosecutor that “organized crime” had “not penetrated the B.C. Legislature” but used the phrase anyway to justify a December 28, 2003 raid there to seize documents, it was alleged in B.C. Supreme Court Thursday.
Defence lawyer Kevin McCullough, representing one of three former B.C. government aides facing corruption charges, read from a recently disclosed document that indicated David Harris, a member of the Special Prosecutor team, told the RCMP their planned news release was wrong two days before the raid.
“There was a lengthy voice mail from David Harris regarding the news release – that it gives the impression that organized crime had penetrated the Legislature – this is incorrect,” McCullough read. “Do not leave the impression that organized crime has penetrated the Legislature.”
But one day after the raid RCMP spokesperson John Ward told media that "organized crime has stretched into every corner of B.C.” and had reached “epidemic proportions in B.C.”
McCullough said the fact that the RCMP disobeyed instructions was critical to defence arguments that the investigation into his client Bob Virk and co-accused David Basi and Aneal Basi was “tailored and targeted” against them and away from elected government officials.
“Despite being told in the new disclosure not to do that, they did it. That’s very important to the defence,” McCullough said.
McCullough also raised the possibility of conflict or perceived conflict that could affect the case because forest company Doman Industries had hired the law firm of Harris and Bill Berardino while it was employing lobbyists Erik Bornmann and Brian Kieran of Pilothouse Public Affairs – both now key Crown witnesses. Berardino, who is the lead Special Prosecutor, was not in court today.
And McCullough read from another document that said a former provincial deputy minister had approached police, alleging he believed Harris and Berardino had received confidential leaked information from Doman Industries.
“These apparent leaked documents came from [David] Basi,” McCullough told Justice Elizabeth Bennett. “This wasn’t disclosed to us until the last month.”
“The interconnectedness of various players is highly ironic,” McCullough said, while adding he was not casting any aspersions on Harris or Berardino.
Special Prosecutor Janet Winteringham said that: “I’m not going to respond to allegations regarding Doman Industries – this is a disclosure hearing.”
And there were many more startling revelations at the day-long pre-trial disclosure hearing.
McCullough also carefully raised the issue of possible conflict regarding the role and withdrawal of the first Special Prosecutor in the case, Josiah Wood, currently a provincial court judge who has also served as justice of the BC Supreme Court and BC Court of Appeal.
Wood was briefly Special Prosecutor prior to the BC Legislature Raid, leaving that role on December 8, 2003. At that time he was practicing law with the firm of Blake, Cassels & Graydon.
“I am casting zero aspersions – I’m casting no negative aspersions on Mr. Wood,” McCullough began.
“The reason one would withdraw is due to a conflict when there’s potential of bias or perception of bias,” he said.
“If we learn the RCMP didn’t do or investigate certain things related to the conflict it may be very relevant,” McCullough said.
“If, for example, the basis of the conflict was that the clients of the firm were BC Rail, Mr. McLernon [John McLernon, chair of BC Rail] the TD Bank, CIBC, it may be the conduct of the RCMP towards these organizations may have been poor or failed to deliver on the task,” he said.
Justice Bennett asked how long Wood was counsel on the case.
“Hard to say, but it’s clear a significant amount of work was done December 5, 6,7 [2003]. All day meetings, all day advice. That type of advice matters very much to us,” he replied.
“The RCMP were not following advice. They were getting advice but not following it,” he said.
Then McCullough raised the role of former BC Liberal Finance Minister Gary Collins, who employed David Basi as his senior Ministerial Assistant.
“Mr. Collins was a [RCMP] target December 5, 9, 12. He was under surveillance December 12,” McCullough said. “That was all happening when Mr. Justice Wood was on.”
“I have yet to see any sign that this was mentioned to Mr. Wood, that surveillance would be going on.
McCullough was referring to extensive police video surveillance of Collins when he had dinner at Vancouver’s upscale Villa del Lupo restaurant with two executives from OmniTRAX – one of two bidders for BC Rail and the company that hired lobbyists Erik Bornmann and Brian Kieran.
Bornmann and Kieran are alleged to have provided bribes to David Basi and Bob Virk in exchange for receiving confidential government documents about the BC Rail sale. They are both now key Crown witnesses against Basi, Virk and Basi.
The issue of the unidentified former deputy minister also received considerable time in court.
McCullough outlined an unusual complaint made to RCMP.
“In 2007 we received disclosure of a complaint made by an individual. I believe he was a lawyer at one point in time – a senior lawyer.”
“This person was a deputy minister of – at one point – one of the ministries involved in the trial,” McCullough continued. “This person makes a call to the RCMP alleging that Doman Industries had received certain information that this person viewed as confidential.”
“He advised he was previously working for Doman and that he believe that David Harris and – I take it – Berardino Harris – had received the confidential leaked info.”
“The former deputy minister complains that information had been leaked to Doman – that this information was provided for litigation and that Berardino Harris received this information.”
“This former deputy minister was working on a consultant basis for Doman. It appear that Berardino Harris at some point were acting for them and it appears that Bornmann and Kieran were also acting for them.”
At this point Special Prosecutor Winteringham interjected that she did not have the document and had not heard the information in it before.
McCullough then dropped another bombshell:
“These apparently leaked documents came from [David] Basi,” he said.
Bennett then asked when McCullough and the defence obtained the document.
McCullough replied that it was received in disclosure in the spring of 2007 but that he had not realized the importance of the conflict issue.
Then a former New Democratic Party cabinet minister’s name suddenly came up. Quoting from another document, McCullough read:
“I also don’t believe Moe Sihota or Rick Doman had any motive but the best interests of the employees.” Sihota was a minister under the Mike Harcourt and Glen Clark NDP governments, while Doman was CEO of Duncan-based Doman Industries, which has since been taken over by Western Forest Products.
Even more strangely, McCullough said the RCMP had obtained a document regarding the death of Erik Bornmann’s mother “for whatever reasons and we want to look at it.”
“The defence wants to be in the same position as the prosecution in regard to the star witness,” McCullough argued.
As if that wasn’t enough news for one day of court, the Supreme Court of Canada early today granted the Special Prosecutor leave to appeal two lower BC court rulings regarding testimony of a secret witness in the BC Legislature Raid case.
The decision will likely delay by up to a year the start of the trial of former BC Liberal government aides David Basi, Bob Virk and Aneal Basi on corruption charges related to the 2003 privatization of BC Rail.No reasons for granting leave were given by the Court.
Michael Bolton, defence lawyer for David Basi, said outside BC Supreme Court that some pre-trial issues could be dealt with despite the decision but that it would definitely delay the start of the trial.
“It’s possible the appeal could be heard in March 2009,” Bolton said, but then the Supreme Court of Canada will take an undetermined amount of time to make its decision.
“It’s pretty difficult to predict” how long that would take, Bolton said.
The central issue is whether defence lawyers for the accused can be present in the courtroom to hear arguments as to whether a secret witness will give testimony in the trial.
The Crown argued that no one but Special Prosecutor Bill Berardino and his legal team and BC Supreme Court Justice Elizabeth Bennett should be permitted to hear the evidence, with defence lawyers, media and the public excluded in order to protect the identity of the witness.
But Bennett ruled the defence could be present for initial arguments provided they give an undertaking not to disclose any information discussed in court with anyone, including their clients.
The BC Court of Appeal upheld Bennett's ruling in a split 2-1 decision when Berardino appealed, leading the Special Prosecutor to seek leave to appeal at the country's highest court.
David Basi and Virk face breach of trust charges for alleging providing confidential government information about bids for BC Rail to lobbyist Erik Bornmann, who was then employed by one of the bidders.
Aneal Basi is charged with money laundering for allegedly being a conduit for payments.A police investigation originally connected to Victoria drug dealing eventually expanded into a full-blown political corruption case, culminating in a raid on the BC Legislature on December 28, 2003.
Basi, Virk and Basi were charged in 2004 but the case has been plagued by lengthy pre-trial hearings on disclosure of evidence to the defence.
The province and RCMP have resisted disclosing some evidence for a variety of reasons, including cabinet privilege, solicitor-client privilege, informer privilege and secrecy required regarding police techniques.
A pre-trial hearing on vetting more than 300 RCMP documents continues today at BC Supreme Court and is unaffected by today's Supreme Court of Canada judgment.
But Special Prosecutor Bill Berardino and defence lawyers must now confer with BC Supreme Court Justice Elizabeth Bennett, who is hearing the case, about whether any other pre-trial motions can continue prior to the secret witness issue being adjudicated by the Supreme Court of Canada.
In July, Virk's lawyer Kevin McCullough told me outside the court that an appeal to the Supreme Court of Canada would result in a significant delay to the start of the trail.
"If the Special Prosecutor appeals this matter to the Supreme Court of Canada it's going to impact and delay this case," McCullough said. "We are hoping that doesn't happen."
"Our clients are anxious to get on - they've had their lives on hold for four and a half years and any further delay is something that neither counsel nor their clients are looking forward to. I hope it doesn't happen," he said in July.
The short text of the Supreme Court of Canada ruling means a long delay in the trial.
Here is that announcement:"GRANTED Her Majesty the Queen v. Bobby Singh Virk et al. (B.C.) (Criminal) (By Leave) (32719)
The motions to expedite the application for leave to appeal and to seal the responses by the respondents Udhe Singh (Dave) Basi and Bobby Singh Virk are granted.
The application for leave to appeal and the applications for leave to cross-appeal are granted.
Coram: McLachlin / Fish / Rothstein"
More bombshells fired by defence in wild day of court pre-trial hearing
By Bill Tieleman
The following story will appear in Friday's 24 hours newspaper in a shorter version and on The Tyee's The Hook
The RCMP was directly instructed by a Special Prosecutor that “organized crime” had “not penetrated the B.C. Legislature” but used the phrase anyway to justify a December 28, 2003 raid there to seize documents, it was alleged in B.C. Supreme Court Thursday.
Defence lawyer Kevin McCullough, representing one of three former B.C. government aides facing corruption charges, read from a recently disclosed document that indicated David Harris, a member of the Special Prosecutor team, told the RCMP their planned news release was wrong two days before the raid.
“There was a lengthy voice mail from David Harris regarding the news release – that it gives the impression that organized crime had penetrated the Legislature – this is incorrect,” McCullough read. “Do not leave the impression that organized crime has penetrated the Legislature.”
But one day after the raid RCMP spokesperson John Ward told media that "organized crime has stretched into every corner of B.C.” and had reached “epidemic proportions in B.C.”
McCullough said the fact that the RCMP disobeyed instructions was critical to defence arguments that the investigation into his client Bob Virk and co-accused David Basi and Aneal Basi was “tailored and targeted” against them and away from elected government officials.
“Despite being told in the new disclosure not to do that, they did it. That’s very important to the defence,” McCullough said.
McCullough also raised the possibility of conflict or perceived conflict that could affect the case because forest company Doman Industries had hired the law firm of Harris and Bill Berardino while it was employing lobbyists Erik Bornmann and Brian Kieran of Pilothouse Public Affairs – both now key Crown witnesses. Berardino, who is the lead Special Prosecutor, was not in court today.
And McCullough read from another document that said a former provincial deputy minister had approached police, alleging he believed Harris and Berardino had received confidential leaked information from Doman Industries.
“These apparent leaked documents came from [David] Basi,” McCullough told Justice Elizabeth Bennett. “This wasn’t disclosed to us until the last month.”
“The interconnectedness of various players is highly ironic,” McCullough said, while adding he was not casting any aspersions on Harris or Berardino.
Special Prosecutor Janet Winteringham said that: “I’m not going to respond to allegations regarding Doman Industries – this is a disclosure hearing.”
And there were many more startling revelations at the day-long pre-trial disclosure hearing.
McCullough also carefully raised the issue of possible conflict regarding the role and withdrawal of the first Special Prosecutor in the case, Josiah Wood, currently a provincial court judge who has also served as justice of the BC Supreme Court and BC Court of Appeal.
Wood was briefly Special Prosecutor prior to the BC Legislature Raid, leaving that role on December 8, 2003. At that time he was practicing law with the firm of Blake, Cassels & Graydon.
“I am casting zero aspersions – I’m casting no negative aspersions on Mr. Wood,” McCullough began.
“The reason one would withdraw is due to a conflict when there’s potential of bias or perception of bias,” he said.
“If we learn the RCMP didn’t do or investigate certain things related to the conflict it may be very relevant,” McCullough said.
“If, for example, the basis of the conflict was that the clients of the firm were BC Rail, Mr. McLernon [John McLernon, chair of BC Rail] the TD Bank, CIBC, it may be the conduct of the RCMP towards these organizations may have been poor or failed to deliver on the task,” he said.
Justice Bennett asked how long Wood was counsel on the case.
“Hard to say, but it’s clear a significant amount of work was done December 5, 6,7 [2003]. All day meetings, all day advice. That type of advice matters very much to us,” he replied.
“The RCMP were not following advice. They were getting advice but not following it,” he said.
Then McCullough raised the role of former BC Liberal Finance Minister Gary Collins, who employed David Basi as his senior Ministerial Assistant.
“Mr. Collins was a [RCMP] target December 5, 9, 12. He was under surveillance December 12,” McCullough said. “That was all happening when Mr. Justice Wood was on.”
“I have yet to see any sign that this was mentioned to Mr. Wood, that surveillance would be going on.
McCullough was referring to extensive police video surveillance of Collins when he had dinner at Vancouver’s upscale Villa del Lupo restaurant with two executives from OmniTRAX – one of two bidders for BC Rail and the company that hired lobbyists Erik Bornmann and Brian Kieran.
Bornmann and Kieran are alleged to have provided bribes to David Basi and Bob Virk in exchange for receiving confidential government documents about the BC Rail sale. They are both now key Crown witnesses against Basi, Virk and Basi.
The issue of the unidentified former deputy minister also received considerable time in court.
McCullough outlined an unusual complaint made to RCMP.
“In 2007 we received disclosure of a complaint made by an individual. I believe he was a lawyer at one point in time – a senior lawyer.”
“This person was a deputy minister of – at one point – one of the ministries involved in the trial,” McCullough continued. “This person makes a call to the RCMP alleging that Doman Industries had received certain information that this person viewed as confidential.”
“He advised he was previously working for Doman and that he believe that David Harris and – I take it – Berardino Harris – had received the confidential leaked info.”
“The former deputy minister complains that information had been leaked to Doman – that this information was provided for litigation and that Berardino Harris received this information.”
“This former deputy minister was working on a consultant basis for Doman. It appear that Berardino Harris at some point were acting for them and it appears that Bornmann and Kieran were also acting for them.”
At this point Special Prosecutor Winteringham interjected that she did not have the document and had not heard the information in it before.
McCullough then dropped another bombshell:
“These apparently leaked documents came from [David] Basi,” he said.
Bennett then asked when McCullough and the defence obtained the document.
McCullough replied that it was received in disclosure in the spring of 2007 but that he had not realized the importance of the conflict issue.
Then a former New Democratic Party cabinet minister’s name suddenly came up. Quoting from another document, McCullough read:
“I also don’t believe Moe Sihota or Rick Doman had any motive but the best interests of the employees.” Sihota was a minister under the Mike Harcourt and Glen Clark NDP governments, while Doman was CEO of Duncan-based Doman Industries, which has since been taken over by Western Forest Products.
Even more strangely, McCullough said the RCMP had obtained a document regarding the death of Erik Bornmann’s mother “for whatever reasons and we want to look at it.”
“The defence wants to be in the same position as the prosecution in regard to the star witness,” McCullough argued.
As if that wasn’t enough news for one day of court, the Supreme Court of Canada early today granted the Special Prosecutor leave to appeal two lower BC court rulings regarding testimony of a secret witness in the BC Legislature Raid case.
The decision will likely delay by up to a year the start of the trial of former BC Liberal government aides David Basi, Bob Virk and Aneal Basi on corruption charges related to the 2003 privatization of BC Rail.No reasons for granting leave were given by the Court.
Michael Bolton, defence lawyer for David Basi, said outside BC Supreme Court that some pre-trial issues could be dealt with despite the decision but that it would definitely delay the start of the trial.
“It’s possible the appeal could be heard in March 2009,” Bolton said, but then the Supreme Court of Canada will take an undetermined amount of time to make its decision.
“It’s pretty difficult to predict” how long that would take, Bolton said.
The central issue is whether defence lawyers for the accused can be present in the courtroom to hear arguments as to whether a secret witness will give testimony in the trial.
The Crown argued that no one but Special Prosecutor Bill Berardino and his legal team and BC Supreme Court Justice Elizabeth Bennett should be permitted to hear the evidence, with defence lawyers, media and the public excluded in order to protect the identity of the witness.
But Bennett ruled the defence could be present for initial arguments provided they give an undertaking not to disclose any information discussed in court with anyone, including their clients.
The BC Court of Appeal upheld Bennett's ruling in a split 2-1 decision when Berardino appealed, leading the Special Prosecutor to seek leave to appeal at the country's highest court.
David Basi and Virk face breach of trust charges for alleging providing confidential government information about bids for BC Rail to lobbyist Erik Bornmann, who was then employed by one of the bidders.
Aneal Basi is charged with money laundering for allegedly being a conduit for payments.A police investigation originally connected to Victoria drug dealing eventually expanded into a full-blown political corruption case, culminating in a raid on the BC Legislature on December 28, 2003.
Basi, Virk and Basi were charged in 2004 but the case has been plagued by lengthy pre-trial hearings on disclosure of evidence to the defence.
The province and RCMP have resisted disclosing some evidence for a variety of reasons, including cabinet privilege, solicitor-client privilege, informer privilege and secrecy required regarding police techniques.
A pre-trial hearing on vetting more than 300 RCMP documents continues today at BC Supreme Court and is unaffected by today's Supreme Court of Canada judgment.
But Special Prosecutor Bill Berardino and defence lawyers must now confer with BC Supreme Court Justice Elizabeth Bennett, who is hearing the case, about whether any other pre-trial motions can continue prior to the secret witness issue being adjudicated by the Supreme Court of Canada.
In July, Virk's lawyer Kevin McCullough told me outside the court that an appeal to the Supreme Court of Canada would result in a significant delay to the start of the trail.
"If the Special Prosecutor appeals this matter to the Supreme Court of Canada it's going to impact and delay this case," McCullough said. "We are hoping that doesn't happen."
"Our clients are anxious to get on - they've had their lives on hold for four and a half years and any further delay is something that neither counsel nor their clients are looking forward to. I hope it doesn't happen," he said in July.
The short text of the Supreme Court of Canada ruling means a long delay in the trial.
Here is that announcement:"GRANTED Her Majesty the Queen v. Bobby Singh Virk et al. (B.C.) (Criminal) (By Leave) (32719)
The motions to expedite the application for leave to appeal and to seal the responses by the respondents Udhe Singh (Dave) Basi and Bobby Singh Virk are granted.
The application for leave to appeal and the applications for leave to cross-appeal are granted.
Coram: McLachlin / Fish / Rothstein"
Stay tuned for bombshell news out of the Basi-Virk courtroom today
There have been major bombshell developments in BC Supreme Court this morning and may be further news this afternoon regarding the BC Legislature Raid case - totally separate from today's Supreme Court of Canada ruling detailed below.
Unfortunately I am not at liberty to publish any news at this time and am dashing back into court but please check back later this afternoon or early evening for a full update.
Unfortunately I am not at liberty to publish any news at this time and am dashing back into court but please check back later this afternoon or early evening for a full update.
BASI-VIRK: Supreme Court of Canada to hear Special Prosecutor appeal to overturn secret witness ruling - will delay trial up to 1 year
BASI-VIRK - Trial likely delayed up to one year
The Supreme Court of Canada today granted the Special Prosecutor leave to appeal two lower BC court rulings regarding testimony of a secret witness in the BC Legislature Raid case.
The decision will likely delay by up to a year the start of the trial of former BC Liberal government aides David Basi, Bob Virk and Aneal Basi on corruption charges related to the 2003 privatization of BC Rail.
No reasons for granting leave were given by the Court.
The central issue is whether defence lawyers for the accused can be present in the courtroom to hear arguments as to whether a secret witness will give testimony in the trial.
The Crown argued that no one but Special Prosecutor Bill Berardino and his legal team and BC Supreme Court Justice Elizabeth Bennett should be permitted to hear the evidence, with defence lawyers, media and the public excluded in order to protect the identity of the witness.
But Bennett ruled the defence could be present for initial arguments provided they give an undertaking not to disclose any information discussed in court with anyone, including their clients.
The BC Court of Appeal upheld Bennett's ruling in a split 2-1 decision when Berardino appealed, leading the Special Prosecutor to seek leave to appeal at the country's highest court.
David Basi and Virk face breach of trust charges for alleging providing confidential government information about bids for BC Rail to lobbyist Erik Bornmann, who was then employed by one of the bidders. Aneal Basi is charged with money laundering for allegedly being a conduit for payments.
A police investigation originally connected to Victoria drug dealing eventually expanded into a full-blown political corruption case, culminating in a raid on the BC Legislature on December 28, 2003.
Basi, Virk and Basi were charged in 2004 but the case has been plagued by lengthy pre-trial hearings on disclosure of evidence to the defence. The province and RCMP have resisted disclosing some evidence for a variety of reasons, including cabinet privilege, solicitor-client privilege, informer privilege and secrecy required regarding police techniques.
A pre-trial hearing on vetting more than 300 RCMP documents continues today at BC Supreme Court and is unaffected by today's Supreme Court of Canada judgment.
But Special Prosecutor Bill Berardino and defence lawyers must now confer with BC Supreme Court Justice Elizabeth Bennett, who is hearing the case, about whether any other pre-trial motions can continue prior to the secret witness issue being adjudicated by the Supreme Court of Canada.
In July, Virk's lawyer Kevin McCullough told me outside the court that an appeal to the Supreme Court of Canada would result in a significant delay to the start of the trail.
"If the Special Prosecutor appeals this matter to the Supreme Court of Canada it's going to impact and delay this case," McCullough said. "We are hoping that doesn't happen."
"Our clients are anxious to get on - they've had their lives on hold for four and a half years and any further delay is something that neither counsel nor their clients are looking forward to. I hope it doesn't happen," he said in July.
The short text of the Supreme Court of Canada ruling means a long delay in the trial. Here is that announcement:
"GRANTED
Her Majesty the Queen v. Bobby Singh Virk et al. (B.C.) (Criminal) (By Leave) (32719)
The motions to expedite the application for leave to appeal and to seal the responses by the respondents Udhe Singh (Dave) Basi and Bobby Singh Virk are granted. The application for leave to appeal and the applications for leave to cross-appeal are granted.
Coram: McLachlin / Fish / Rothstein"
The Supreme Court of Canada today granted the Special Prosecutor leave to appeal two lower BC court rulings regarding testimony of a secret witness in the BC Legislature Raid case.
The decision will likely delay by up to a year the start of the trial of former BC Liberal government aides David Basi, Bob Virk and Aneal Basi on corruption charges related to the 2003 privatization of BC Rail.
No reasons for granting leave were given by the Court.
The central issue is whether defence lawyers for the accused can be present in the courtroom to hear arguments as to whether a secret witness will give testimony in the trial.
The Crown argued that no one but Special Prosecutor Bill Berardino and his legal team and BC Supreme Court Justice Elizabeth Bennett should be permitted to hear the evidence, with defence lawyers, media and the public excluded in order to protect the identity of the witness.
But Bennett ruled the defence could be present for initial arguments provided they give an undertaking not to disclose any information discussed in court with anyone, including their clients.
The BC Court of Appeal upheld Bennett's ruling in a split 2-1 decision when Berardino appealed, leading the Special Prosecutor to seek leave to appeal at the country's highest court.
David Basi and Virk face breach of trust charges for alleging providing confidential government information about bids for BC Rail to lobbyist Erik Bornmann, who was then employed by one of the bidders. Aneal Basi is charged with money laundering for allegedly being a conduit for payments.
A police investigation originally connected to Victoria drug dealing eventually expanded into a full-blown political corruption case, culminating in a raid on the BC Legislature on December 28, 2003.
Basi, Virk and Basi were charged in 2004 but the case has been plagued by lengthy pre-trial hearings on disclosure of evidence to the defence. The province and RCMP have resisted disclosing some evidence for a variety of reasons, including cabinet privilege, solicitor-client privilege, informer privilege and secrecy required regarding police techniques.
A pre-trial hearing on vetting more than 300 RCMP documents continues today at BC Supreme Court and is unaffected by today's Supreme Court of Canada judgment.
But Special Prosecutor Bill Berardino and defence lawyers must now confer with BC Supreme Court Justice Elizabeth Bennett, who is hearing the case, about whether any other pre-trial motions can continue prior to the secret witness issue being adjudicated by the Supreme Court of Canada.
In July, Virk's lawyer Kevin McCullough told me outside the court that an appeal to the Supreme Court of Canada would result in a significant delay to the start of the trail.
"If the Special Prosecutor appeals this matter to the Supreme Court of Canada it's going to impact and delay this case," McCullough said. "We are hoping that doesn't happen."
"Our clients are anxious to get on - they've had their lives on hold for four and a half years and any further delay is something that neither counsel nor their clients are looking forward to. I hope it doesn't happen," he said in July.
The short text of the Supreme Court of Canada ruling means a long delay in the trial. Here is that announcement:
"GRANTED
Her Majesty the Queen v. Bobby Singh Virk et al. (B.C.) (Criminal) (By Leave) (32719)
The motions to expedite the application for leave to appeal and to seal the responses by the respondents Udhe Singh (Dave) Basi and Bobby Singh Virk are granted. The application for leave to appeal and the applications for leave to cross-appeal are granted.
Coram: McLachlin / Fish / Rothstein"
Wednesday, November 26, 2008
BASI-VIRK: Wrangling over vetting and hints of techniques the RCMP wants kept secret
Slow plodding at vetting process in BC Legislature Raid case, with just a glimpses of something interesting that the RCMP wants hidden
There is not a lot to report from BC Supreme Court Tuesday or Wednesday as lawyers, prosecutors and Justice Elizabeth Bennett work through disclosure of evidence issues surrounding primarily RCMP documents that discuss their investigation and techniques.
But Wednesday morning W.P. Riley, a prosecutor representing the Public Prosecution Service of Canada, dropped a few hints of what the media and public are not allowed to see in this pre-trial hearing that will determine what evidence can be used to prosecute or defend three BC Liberal government aides charged with corruption regarding the $1 billion privatization of BC Rail.
Riley represents the interests of the RCMP in the court and was explaining to Bennett why the force wants to assert privilege over one of about 304 different documents.
"They are Crown assets - I can't say any more about it," Riley said.
"These are common techniques that anyone in the system knows of," Bennett replied.
"I'm not sure how common some of them are," Riley responded.
Riley added shortly afterwards that document "599" ferers to the technique itself and said he would discuss it with defence lawyers personally.
"I can explain it to my friend," he said, referring to Aneal Basi's lawyer Joe Doyle in the common language used for their fellow lawyers while in court.
"I just don't want to do it in open court," Riley concluded, which is, of course, where it can be reported unless a publication ban is in place.
There has been considerable controversy in a number of high profile murder cases about the use of so-called "Mr. Big" techniques where a suspected killer is befriended by RCMP officers posing as top crime bosses to gain the trust of the suspect. Those include the Burns-Rafay murder case,
There has not, however, been any suggestion that a "Mr. Big" was one of the RCMP techniques used in Project EveryWhichWay, as the investigation into David Basi, Bob Virk and Aneal Basi was titled.
In Tuesday's session, which I was unfortunately absent for, I am reliably informed that there was a major battle over Riley's efforts to discuss the "relevance" of some RCMP documents, with defence lawyers strongly arguing that his role is limited to exerting "privilege" but not "relevance".
The always engaging Robin Mathews was present for the Tuesday morning session and his report can be found as usual at BC Mary's The Legislature Raids - a must-read, one-stop shop for the latest on Basi-Virk.
There is not a lot to report from BC Supreme Court Tuesday or Wednesday as lawyers, prosecutors and Justice Elizabeth Bennett work through disclosure of evidence issues surrounding primarily RCMP documents that discuss their investigation and techniques.
But Wednesday morning W.P. Riley, a prosecutor representing the Public Prosecution Service of Canada, dropped a few hints of what the media and public are not allowed to see in this pre-trial hearing that will determine what evidence can be used to prosecute or defend three BC Liberal government aides charged with corruption regarding the $1 billion privatization of BC Rail.
Riley represents the interests of the RCMP in the court and was explaining to Bennett why the force wants to assert privilege over one of about 304 different documents.
"They are Crown assets - I can't say any more about it," Riley said.
"These are common techniques that anyone in the system knows of," Bennett replied.
"I'm not sure how common some of them are," Riley responded.
Riley added shortly afterwards that document "599" ferers to the technique itself and said he would discuss it with defence lawyers personally.
"I can explain it to my friend," he said, referring to Aneal Basi's lawyer Joe Doyle in the common language used for their fellow lawyers while in court.
"I just don't want to do it in open court," Riley concluded, which is, of course, where it can be reported unless a publication ban is in place.
There has been considerable controversy in a number of high profile murder cases about the use of so-called "Mr. Big" techniques where a suspected killer is befriended by RCMP officers posing as top crime bosses to gain the trust of the suspect. Those include the Burns-Rafay murder case,
There has not, however, been any suggestion that a "Mr. Big" was one of the RCMP techniques used in Project EveryWhichWay, as the investigation into David Basi, Bob Virk and Aneal Basi was titled.
In Tuesday's session, which I was unfortunately absent for, I am reliably informed that there was a major battle over Riley's efforts to discuss the "relevance" of some RCMP documents, with defence lawyers strongly arguing that his role is limited to exerting "privilege" but not "relevance".
The always engaging Robin Mathews was present for the Tuesday morning session and his report can be found as usual at BC Mary's The Legislature Raids - a must-read, one-stop shop for the latest on Basi-Virk.
Tuesday, November 25, 2008
BC is Canada's worst province for child poverty 5 years in row - while Premier Campbell hands out gold medals
Bill Tieleman’s 24 Hours Column
Tuesday November 25, 2008
No medals for Gordon Campbell on child poverty
By BILL TIELEMAN
A medal glitters but it also casts a shadow.
- Winston Churchill
How is it possible that the "best place on Earth" is also the worst province in Canada for child poverty five years in a row?
How is it possible that Premier Gordon Campbell can give out thousands of gold medals with his own name arrogantly stamped across the face to construction workers on multimillion-dollar provincial projects while one in five children live in deprivation?
And how is it possible that a government spends millions on feel- good television ads about how wonderful this province is, while thousands of homeless walk the streets?
Welcome to British Columbia, where medals are given out to mystified workers by an oblivious premier who ignores the obvious despair in every city.
On Friday, two stories made the news - contradictory stories that deserved to be connected.
The first, a devastating report that found B.C.'s child poverty rate is 21.9 per cent, the highest rate in Canada for the fifth year in a row.
The second, a provincial program uncovered by the New Democratic Party opposition where more than 2,000 gold medals worth about $15 each and inscribed "Presented by Premier Gordon Campbell" are being given to construction workers on infrastructure projects.
The child poverty report from First Call, Campaign 2000 and the Social Planning and Research Council showed that in 2006, the most recent year with statistics available, there were an estimated 181,000 poor children in B.C.
That's more than the combined total populations of Nan-aimo, Prince George and Cranbrook.
And B.C. is the only province with a higher child poverty rate in 2006 than in 1997, even though federal and provincial child benefits have increased.
Astonishingly, the richest families with children had an income of $201,490 in 2006, an increase of $47,591 since 1989, while the poorest families with kids actually saw their income drop during the same period, to $15,657 from $16,966.
Then there's the government's self-promotional ad campaigns - which the B.C. Liberals steadfastly refuse to release the budget for but can safely be estimated to cost millions.
That money could be put to far better use finding a warm, safe bed for the 40,000 people who were turned away from shelters in Metro Vancouver between April and December of 2007 - because there was no room for them.
A staggering 16,000 of the turnaways were women and children who could not be accommodated at the region's 36 shelters.
It is a dark shadow indeed that has been cast on a premier who gives out gold medals in his own name while letting kids go hungry on the streets of our province, which he ironically pays to advertise as "the best place on Earth."
Tuesday November 25, 2008
No medals for Gordon Campbell on child poverty
By BILL TIELEMAN
A medal glitters but it also casts a shadow.
- Winston Churchill
How is it possible that the "best place on Earth" is also the worst province in Canada for child poverty five years in a row?
How is it possible that Premier Gordon Campbell can give out thousands of gold medals with his own name arrogantly stamped across the face to construction workers on multimillion-dollar provincial projects while one in five children live in deprivation?
And how is it possible that a government spends millions on feel- good television ads about how wonderful this province is, while thousands of homeless walk the streets?
Welcome to British Columbia, where medals are given out to mystified workers by an oblivious premier who ignores the obvious despair in every city.
On Friday, two stories made the news - contradictory stories that deserved to be connected.
The first, a devastating report that found B.C.'s child poverty rate is 21.9 per cent, the highest rate in Canada for the fifth year in a row.
The second, a provincial program uncovered by the New Democratic Party opposition where more than 2,000 gold medals worth about $15 each and inscribed "Presented by Premier Gordon Campbell" are being given to construction workers on infrastructure projects.
The child poverty report from First Call, Campaign 2000 and the Social Planning and Research Council showed that in 2006, the most recent year with statistics available, there were an estimated 181,000 poor children in B.C.
That's more than the combined total populations of Nan-aimo, Prince George and Cranbrook.
And B.C. is the only province with a higher child poverty rate in 2006 than in 1997, even though federal and provincial child benefits have increased.
Astonishingly, the richest families with children had an income of $201,490 in 2006, an increase of $47,591 since 1989, while the poorest families with kids actually saw their income drop during the same period, to $15,657 from $16,966.
Then there's the government's self-promotional ad campaigns - which the B.C. Liberals steadfastly refuse to release the budget for but can safely be estimated to cost millions.
That money could be put to far better use finding a warm, safe bed for the 40,000 people who were turned away from shelters in Metro Vancouver between April and December of 2007 - because there was no room for them.
A staggering 16,000 of the turnaways were women and children who could not be accommodated at the region's 36 shelters.
It is a dark shadow indeed that has been cast on a premier who gives out gold medals in his own name while letting kids go hungry on the streets of our province, which he ironically pays to advertise as "the best place on Earth."
Supreme Court of Canada to decide on whether to hear Basi-Virk Special Prosecutor appeal on secret witness Thursday
The Supreme Court of Canada will announce Thursday whether or not it will grant leave to appeal to Special Prosector Bill Berardino over the issue of secret witness testimony.
As noted here previously, if leave to appeal is granted the Supreme Court of Canada will set a one-day hearing in Ottawa at some future point, hear arguments from all parties and then deliberate on a decision.
If the appeal is heard, the start of the BC Legislature Raid trial - hearing corruption-related charges against former BC Liberal government aides David Basi, Bob Virk and Aneal Basi - could be delayed by up to a year.
Conversely, Berardino has previously hinted that the trial might not proceed if he cannot call a secret witness to testify. Specifically, Berardino said he had a duty to uphold informer privilege but would not elaborate outside court.
BC Supreme Court Justice Elizabeth Bennett's original ruling - that defence lawyers could be present to hear arguments about why testimony of a witness must remain secret from all but the Special Prosecutor and the judge - was later upheld in a 2-1 split decision by the BC Court of Appeal.
Pre-trial hearings at BC Supreme Court continue today.
Here is the Supreme Court of Canada announcement:
SUPREME COURT OF CANADA ‑‑ JUDGMENTS TO BE RENDERED IN LEAVE APPLICATIONS
OTTAWA, 2008-11-24.
THE SUPREME COURT OF CANADA ANNOUNCED TODAY THAT JUDGMENT IN THE FOLLOWING APPLICATIONS FOR LEAVE TO APPEAL WILL BE DELIVERED AT 9:45 A.M. EST ON THURSDAY, NOVEMBER 27, 2008. THIS LIST IS SUBJECT TO CHANGE.
32719 Her Majesty the Queen v. Bobby Singh Virk, Udhe Singh (Dave) Basi and Aneal Basi
(B.C.) (Criminal) (By Leave)
Criminal law - Trial - Procedure - Whether counsel for the accused may be present at in camera hearing to determine whether informer privilege applies to protect material from disclosure ‑ Jurisdiction of Court of Appeal pursuant to s. 37 of Canada Evidence Act, R.S.C. 1985, c. C‑5
- Whether it is a breach of the court’s duty to protect informer privilege to permit defence counsel to learn the identity of an informant or information that might identify an informant on undertakings not to disclose this information
- Whether the first stage of the procedure in Named Person v. Vancouver Sun, 2007 SCC 43, applies such that accused and their counsel are not entitled to attend a hearing to determine a claim of informer privilege where the evidence may or will identify the informer - Whether s. 37 of the Canada Evidence Act provides the court with discretion to override the substantive rule of law barring disclosure of an informant’s identity
- Whether the Court of Appeal had jurisdiction to hear the appeal in this matter.
The Respondents are charged with corruption, fraud and breach of trust resulting from alleged misconduct while civil servants.
In pre‑trial proceedings, they sought disclosure of certain documents and portions of documents.
The Crown requested an in camera, ex parte hearing to determine whether the documents are protected by informant’s privilege.
The Crown seeks to exclude defence counsel from the hearing.
As noted here previously, if leave to appeal is granted the Supreme Court of Canada will set a one-day hearing in Ottawa at some future point, hear arguments from all parties and then deliberate on a decision.
If the appeal is heard, the start of the BC Legislature Raid trial - hearing corruption-related charges against former BC Liberal government aides David Basi, Bob Virk and Aneal Basi - could be delayed by up to a year.
Conversely, Berardino has previously hinted that the trial might not proceed if he cannot call a secret witness to testify. Specifically, Berardino said he had a duty to uphold informer privilege but would not elaborate outside court.
BC Supreme Court Justice Elizabeth Bennett's original ruling - that defence lawyers could be present to hear arguments about why testimony of a witness must remain secret from all but the Special Prosecutor and the judge - was later upheld in a 2-1 split decision by the BC Court of Appeal.
Pre-trial hearings at BC Supreme Court continue today.
Here is the Supreme Court of Canada announcement:
SUPREME COURT OF CANADA ‑‑ JUDGMENTS TO BE RENDERED IN LEAVE APPLICATIONS
OTTAWA, 2008-11-24.
THE SUPREME COURT OF CANADA ANNOUNCED TODAY THAT JUDGMENT IN THE FOLLOWING APPLICATIONS FOR LEAVE TO APPEAL WILL BE DELIVERED AT 9:45 A.M. EST ON THURSDAY, NOVEMBER 27, 2008. THIS LIST IS SUBJECT TO CHANGE.
32719 Her Majesty the Queen v. Bobby Singh Virk, Udhe Singh (Dave) Basi and Aneal Basi
(B.C.) (Criminal) (By Leave)
Criminal law - Trial - Procedure - Whether counsel for the accused may be present at in camera hearing to determine whether informer privilege applies to protect material from disclosure ‑ Jurisdiction of Court of Appeal pursuant to s. 37 of Canada Evidence Act, R.S.C. 1985, c. C‑5
- Whether it is a breach of the court’s duty to protect informer privilege to permit defence counsel to learn the identity of an informant or information that might identify an informant on undertakings not to disclose this information
- Whether the first stage of the procedure in Named Person v. Vancouver Sun, 2007 SCC 43, applies such that accused and their counsel are not entitled to attend a hearing to determine a claim of informer privilege where the evidence may or will identify the informer - Whether s. 37 of the Canada Evidence Act provides the court with discretion to override the substantive rule of law barring disclosure of an informant’s identity
- Whether the Court of Appeal had jurisdiction to hear the appeal in this matter.
The Respondents are charged with corruption, fraud and breach of trust resulting from alleged misconduct while civil servants.
In pre‑trial proceedings, they sought disclosure of certain documents and portions of documents.
The Crown requested an in camera, ex parte hearing to determine whether the documents are protected by informant’s privilege.
The Crown seeks to exclude defence counsel from the hearing.
Monday, November 24, 2008
BASI-VIRK - Defence loses argument to exclude new counsel for RCMP into case to argue legal privilege on evidence
Judge rules against defence over RCMP documents issue in testy day in court
By Bill Tieleman, 24 hours columnist
Tempers flared at B.C. Supreme Court Monday as defence lawyers in a government corruption trial argued unsuccessfully to exclude new legal counsel from entering the case to assert RCMP privilege over more than 300 documents.
Justice Elizabeth Bennett issued an oral judgment late Monday in the B.C. Legislature Raid case that allows the RCMP to be represented by new counsel, who will argue legal privileges claims instead of the Special Prosecutor.
W.P. Riley, a Public Prosecution Service of Canada lawyer, successfully argued that despite being a “stranger to the investigation” he should be allowed to represent RCMP efforts to potentially keep documents from being disclosed to defence lawyers representing David Basi, Bob Virk and Aneal Basi.
The three former government aides face corruption charges related to the $1 billion sale of B.C. Rail.
Virk’s lawyer Kevin McCullough at one point said in exasperation that several previous dates for hearings to disclose evidence had “gone the way of the dodo bird.”
Special Prosecutor Bill Berardino fought back, saying: “The quick answer to that is ‘so what’?”
Replied Bennett: “That’s fair enough but those two words are not going to help me.”
Berardino later apologized to Bennett for the comment.
Outside court David Basi’s lawyer Mike Bolton said “The RCMP should not have two prosecutors.”
The pre-trial hearing resumes Tuesday with another defence application seeking the court to give direction on the disclosure of several thousand pages of evidence.
By Bill Tieleman, 24 hours columnist
Tempers flared at B.C. Supreme Court Monday as defence lawyers in a government corruption trial argued unsuccessfully to exclude new legal counsel from entering the case to assert RCMP privilege over more than 300 documents.
Justice Elizabeth Bennett issued an oral judgment late Monday in the B.C. Legislature Raid case that allows the RCMP to be represented by new counsel, who will argue legal privileges claims instead of the Special Prosecutor.
W.P. Riley, a Public Prosecution Service of Canada lawyer, successfully argued that despite being a “stranger to the investigation” he should be allowed to represent RCMP efforts to potentially keep documents from being disclosed to defence lawyers representing David Basi, Bob Virk and Aneal Basi.
The three former government aides face corruption charges related to the $1 billion sale of B.C. Rail.
Virk’s lawyer Kevin McCullough at one point said in exasperation that several previous dates for hearings to disclose evidence had “gone the way of the dodo bird.”
Special Prosecutor Bill Berardino fought back, saying: “The quick answer to that is ‘so what’?”
Replied Bennett: “That’s fair enough but those two words are not going to help me.”
Berardino later apologized to Bennett for the comment.
Outside court David Basi’s lawyer Mike Bolton said “The RCMP should not have two prosecutors.”
The pre-trial hearing resumes Tuesday with another defence application seeking the court to give direction on the disclosure of several thousand pages of evidence.
Wednesday, November 19, 2008
BASI-VIRK: Supreme Court of Canada decision whether or not to hear secret witness appeal expected shortly; 3 weeks on RCMP documents starts Nov 24
Supreme Court of Canada secret witness decision may delay BC Legislature Raid case for up to a year – or kill it altogether
By Bill Tieleman, 24 hours columnist
A Supreme Court of Canada decision expected shortly could either delay the long-awaited B.C. Legislature Raid corruption trial of three former B.C. government aides by up to a year – or kill the case altogether.
Special Prosecutor Bill Berardino told B.C. Supreme Court Wednesday he believes the Supreme Court of Canada will announce if it will hear his appeal about potential secret witness testimony within the next week to two weeks.
If the Supreme Court of Canada agrees to hear the appeal, a one-day hearing is expected sometime this spring, possibly in March 2009, and a ruling could take many months more, almost certainly pushing the trial past the May 12, 2009 provincial election date.
But if the Supreme Court of Canada declines to hear the appeal, Berardino has previously hinted he might simply drop all charges against former B.C. governemnt aides David Basi and Bob Virk and Aneal Basi on allegations of corruption connected to the $1 billion BC Rail privatization in 2003 - ending the case without it ever going to trial.
Berardino is appealing two BC lower court decisions allowing defence lawyers to be present to hear arguments about why the prosecution wants a witness to testify in secret.
And starting November 24 B.C. Supreme Court Justice Elizabeth Bennett will hear up three weeks of arguments over disclosure of nearly 400 RCMP documents related to the corruption investigation followed an unprecedented police raid on the B.C. Legislature on December 28, 2003 - almost five years ago.
The only hint of the potential political impact that the trial could have came when Virk's lawyer Kevin McCullough told Bennett that a Freedom Of Information request filed by the defence for government documents was producing significant results.
"The disclosure we've gotten has been voluminous and extremely relevant," McCullough said. That FOI process is also subject to a vetting process by the government and any documents it refuses to release may end up in BC Supreme Court for adjudication by Bennett.
The defence filed an application to be heard Monday seeking that Bennett give "orders or directions" on disclosure because they argue that "the RCMP continues to assert privilege" over up to 400 documents in dispute.
Outside court David Basi's lawyer Michael Bolton said that the application deals with: "The nature of privilege - which kind of privilege it is, the description of the subject matter - if it is similar to documents the Special Prosecutor has already released to the defence."
Bolton said the pre-trial court hearing will likely deal with the issue document by document and that the defence has not seen any of the RCMP evidence in question.
"We're seeking further and better descriptors," Bolton said of the short summary the defence has been provided about what the content of each document is.
The Supreme Court of Canada appeal would hear evidence about whether an initial decision by Justice Bennett - subsequently upheld by the BC Court of Appeal - should stand.
Bennett ruled that defence lawyers could be present in court to hear testimony about why the Special Prosecutor wants the identity of one witness to remain completely secret - including banning not only the public and media but defence lawyers from that hearing.
Bennett's ruling would have allowed the defence to be in court to hear the arguments provided they gave an undertaking not to disclose any of the testimony to their clients or anyone else, while the public and media would be excluded.
The BC Court of Appeal ruled 2-1 to uphold Bennett's ruling but legal observers believe that because of the split ruling and the importance of the issue of secret witnesses for future cases, the Supreme Court of Canada is likely to agree to hear Berardino's appeal.
If so, a one-day hearing in Ottawa before the full Supreme Court of Canada would take place, with all defence and Special Prosecutors team lawyer flying to the capital to give their arguments.
The Supreme Court of Canada can make decisions quickly but it can also take up to one year or more to rule.
In the appeal of Dr. Jacques Chaouilli - the Quebec doctor who argued that preventing patients from seeking private medical treatment violates the Quebec Charter of Rights - the Supreme Court of Canada heard arguments in June 2004 and rendered its decision in June 2005 - a full year later.
NOTE - A shorter version of this story will appear in 24 hours newspaper Thursday.
By Bill Tieleman, 24 hours columnist
A Supreme Court of Canada decision expected shortly could either delay the long-awaited B.C. Legislature Raid corruption trial of three former B.C. government aides by up to a year – or kill the case altogether.
Special Prosecutor Bill Berardino told B.C. Supreme Court Wednesday he believes the Supreme Court of Canada will announce if it will hear his appeal about potential secret witness testimony within the next week to two weeks.
If the Supreme Court of Canada agrees to hear the appeal, a one-day hearing is expected sometime this spring, possibly in March 2009, and a ruling could take many months more, almost certainly pushing the trial past the May 12, 2009 provincial election date.
But if the Supreme Court of Canada declines to hear the appeal, Berardino has previously hinted he might simply drop all charges against former B.C. governemnt aides David Basi and Bob Virk and Aneal Basi on allegations of corruption connected to the $1 billion BC Rail privatization in 2003 - ending the case without it ever going to trial.
Berardino is appealing two BC lower court decisions allowing defence lawyers to be present to hear arguments about why the prosecution wants a witness to testify in secret.
And starting November 24 B.C. Supreme Court Justice Elizabeth Bennett will hear up three weeks of arguments over disclosure of nearly 400 RCMP documents related to the corruption investigation followed an unprecedented police raid on the B.C. Legislature on December 28, 2003 - almost five years ago.
The only hint of the potential political impact that the trial could have came when Virk's lawyer Kevin McCullough told Bennett that a Freedom Of Information request filed by the defence for government documents was producing significant results.
"The disclosure we've gotten has been voluminous and extremely relevant," McCullough said. That FOI process is also subject to a vetting process by the government and any documents it refuses to release may end up in BC Supreme Court for adjudication by Bennett.
The defence filed an application to be heard Monday seeking that Bennett give "orders or directions" on disclosure because they argue that "the RCMP continues to assert privilege" over up to 400 documents in dispute.
Outside court David Basi's lawyer Michael Bolton said that the application deals with: "The nature of privilege - which kind of privilege it is, the description of the subject matter - if it is similar to documents the Special Prosecutor has already released to the defence."
Bolton said the pre-trial court hearing will likely deal with the issue document by document and that the defence has not seen any of the RCMP evidence in question.
"We're seeking further and better descriptors," Bolton said of the short summary the defence has been provided about what the content of each document is.
The Supreme Court of Canada appeal would hear evidence about whether an initial decision by Justice Bennett - subsequently upheld by the BC Court of Appeal - should stand.
Bennett ruled that defence lawyers could be present in court to hear testimony about why the Special Prosecutor wants the identity of one witness to remain completely secret - including banning not only the public and media but defence lawyers from that hearing.
Bennett's ruling would have allowed the defence to be in court to hear the arguments provided they gave an undertaking not to disclose any of the testimony to their clients or anyone else, while the public and media would be excluded.
The BC Court of Appeal ruled 2-1 to uphold Bennett's ruling but legal observers believe that because of the split ruling and the importance of the issue of secret witnesses for future cases, the Supreme Court of Canada is likely to agree to hear Berardino's appeal.
If so, a one-day hearing in Ottawa before the full Supreme Court of Canada would take place, with all defence and Special Prosecutors team lawyer flying to the capital to give their arguments.
The Supreme Court of Canada can make decisions quickly but it can also take up to one year or more to rule.
In the appeal of Dr. Jacques Chaouilli - the Quebec doctor who argued that preventing patients from seeking private medical treatment violates the Quebec Charter of Rights - the Supreme Court of Canada heard arguments in June 2004 and rendered its decision in June 2005 - a full year later.
NOTE - A shorter version of this story will appear in 24 hours newspaper Thursday.
Tuesday, November 18, 2008
Vancouver, Victoria, Prince George, Burnaby muncipal votes mean no smoothie election for Gordon Campbell
Bill Tieleman’s 24 Hours Column
Tuesday November 18, 2008
Vote results bad sign for Liberals
By BILL TIELEMAN
For many men that stumble at the threshold are well foretold that danger lurks within.
- William Shakespeare, Henry VI
It was a stunning election win for Gregor Robertson on Saturday night, as Vision Vancouver nearly annihilated the Non-Partisan Association city government on council, school and park board.
In Burnaby, Mayor Derek Corrigan's Burnaby Citizens Association did more sweeping than a curling bonspiel, taking every single council and school board seat.
In New Westminster, Mayor Wayne Wright and labour-endorsed council candidates not only fought off a well-funded challenge from a new centre-right political party, but actually increased their support.
In Victoria, new Mayor-elect Dean Fortin - endorsed by prominent New Democrats - will be joined on council by every member of his team, including former NDP MP Lynn Hunter.
In Prince George, Dan Rogers becomes the new mayor with support from the local labour council, after he helped lead the fight against B.C. Liberal privatization of B.C. Rail in 2003.
And an Angus Reid Strategies poll released Saturday shows the B.C. New Democrats have increased their lead over the B.C. Liberals by a margin of 44 per cent to 39 per cent.
Premier Gordon Campbell didn't wake up on a very Happy Planet on Sunday - because the results of key municipal elections combined with the latest polling numbers show the next election will not be a smoothie for the B.C. Liberals.
One could overstate the importance of what happens with local government votes or polling six months before the May 2009 provincial vote.
But it's very clear that when centre-left candidates win big in Metro Vancouver, Victoria and the north - regions of the province that will determine who governs British Columbia in the next election - Campbell has to be worried.
Campbell has particular reason to be concerned about the Vancouver results that saw the Non-Partisan Association lose its majorities at all three civic levels to Vision Vancouver and partners the Coalition Of Progressive Voters and the civic Greens - because Campbell was himself an NPA mayor before entering provincial politics.
And losing mayoral candidate Peter Ladner stated that the politician he admires most is Campbell and that the B.C. Liberals best reflected his provincial politics views.
That's the same Campbell who only 21 per cent of respondents to the Angus Reid poll say is trustworthy.
The provincial election is going to be far more competitive than many people thought just months ago.
Two positive notes: For the first time, city voters elected a person of Aboriginal descent to public office - Vision Vancouver school trustee Ken Clement.
And for the first time since 1972, voters elected a member of the South Asian community to civic office - Vision Vancouver park board commissioner Raj Hundal.
NOTE 1: NPA School Trustee Ken Denike kindly let me know when he saw this column in 24 hours that Harkapal Sara was a South Asian community school trustee in the 1980s - thanks to Ken for the update.
NOTE 2: Ipsos released a new poll November 18 saying that according to their research the BC Liberals are at 44%, (down 3 points) the NDP are at 35%, (up 2 points) and the Greens are at 16%, (unchanged). Both polling firms are too polite to argue their numbers in public but presumably, one of them is wrong.
Tuesday November 18, 2008
Vote results bad sign for Liberals
By BILL TIELEMAN
For many men that stumble at the threshold are well foretold that danger lurks within.
- William Shakespeare, Henry VI
It was a stunning election win for Gregor Robertson on Saturday night, as Vision Vancouver nearly annihilated the Non-Partisan Association city government on council, school and park board.
In Burnaby, Mayor Derek Corrigan's Burnaby Citizens Association did more sweeping than a curling bonspiel, taking every single council and school board seat.
In New Westminster, Mayor Wayne Wright and labour-endorsed council candidates not only fought off a well-funded challenge from a new centre-right political party, but actually increased their support.
In Victoria, new Mayor-elect Dean Fortin - endorsed by prominent New Democrats - will be joined on council by every member of his team, including former NDP MP Lynn Hunter.
In Prince George, Dan Rogers becomes the new mayor with support from the local labour council, after he helped lead the fight against B.C. Liberal privatization of B.C. Rail in 2003.
And an Angus Reid Strategies poll released Saturday shows the B.C. New Democrats have increased their lead over the B.C. Liberals by a margin of 44 per cent to 39 per cent.
Premier Gordon Campbell didn't wake up on a very Happy Planet on Sunday - because the results of key municipal elections combined with the latest polling numbers show the next election will not be a smoothie for the B.C. Liberals.
One could overstate the importance of what happens with local government votes or polling six months before the May 2009 provincial vote.
But it's very clear that when centre-left candidates win big in Metro Vancouver, Victoria and the north - regions of the province that will determine who governs British Columbia in the next election - Campbell has to be worried.
Campbell has particular reason to be concerned about the Vancouver results that saw the Non-Partisan Association lose its majorities at all three civic levels to Vision Vancouver and partners the Coalition Of Progressive Voters and the civic Greens - because Campbell was himself an NPA mayor before entering provincial politics.
And losing mayoral candidate Peter Ladner stated that the politician he admires most is Campbell and that the B.C. Liberals best reflected his provincial politics views.
That's the same Campbell who only 21 per cent of respondents to the Angus Reid poll say is trustworthy.
The provincial election is going to be far more competitive than many people thought just months ago.
Two positive notes: For the first time, city voters elected a person of Aboriginal descent to public office - Vision Vancouver school trustee Ken Clement.
And for the first time since 1972, voters elected a member of the South Asian community to civic office - Vision Vancouver park board commissioner Raj Hundal.
NOTE 1: NPA School Trustee Ken Denike kindly let me know when he saw this column in 24 hours that Harkapal Sara was a South Asian community school trustee in the 1980s - thanks to Ken for the update.
NOTE 2: Ipsos released a new poll November 18 saying that according to their research the BC Liberals are at 44%, (down 3 points) the NDP are at 35%, (up 2 points) and the Greens are at 16%, (unchanged). Both polling firms are too polite to argue their numbers in public but presumably, one of them is wrong.
UPDATE - NOTE 3: A 24 hours reader has let me know that what he believe is the first person in the Lower Mainland of Filipino descent was elected to public office - school trustee Rod Belleza in Richmond.
Congratulations to Rod as well.
Monday, November 17, 2008
Carole James and NDP probably think one more municipal vote is Golden
The old phrase "revenge is best served cold" probably occurred to Carole James on Saturday night when the results of the mayoral election race turned to Golden, B.C.
Likely only political junkies such as the proprietor of this blog would be fascinated to know that the mayor of Golden lost his job in that vote.
Who cares? New Democrats, because the mayor was Jimmy Doyle, former NDP cabinet minister and Columbia River-Revelstoke MLA during the last term of government.
Why? Because Doyle switched sides to the BC Liberals last year and was rumoured to be a possible candidate for the Gordon Campbell team.
What's more, Doyle announced he was joining the BC Liberals just as Carole James was about to address the Union of BC Muncipalities in September 2007, in an obvious attempt to embarrass James and curry favour with Campbell.
"I thought it over seriously while I was shaving a couple of weeks ago," said Doyle at the time. "I think Premier Campbell is doing a very good job."
But it looks like Jimmy Doyle slit his own political throat.
Councilor Aman Virk beat Doyle by just five votes in the preliminary count released by the town.
Sunday, November 16, 2008
It's a Happy Planet city in Vancouver
Gregor Robertson, Vision Vancouver & COPE nearly sweep NPA
It was a stunning victory Saturday as Gregor Robertson led Vision Vancouver to a resounding victory over the Non-Partisan Association.
Together with their electoral partners the Coalition Of Progressive Electors and the civic Green Party, Vision Vancouver now dominates City Council, the School Board and Park Board - the NPA is left with a total of just four seats our of 27 elected positions.
It was a Happy Planet night in Vancouver despite an unfortunately low turnout - surprising because traditionally the NPA has done very well with poor voter participation - but not this time.
NPA mayoral candidate Peter Ladner lost by about 19,000 votes and only NPA councilor Suzanne Anton survived the Vision Vancouver wave.
Incumbent Vision councilors Raymond Louie, Heather Deal, Tim Stevenson and George Chow will be joined by Andrea Reimer, Geoff Meggs and Kerry Jang on the Vision council team.
COPE councilor David Cadman will be rejoined by Ellen Woodsworth, a COPE councilor from 2002 to 2005 who is the first city councilor in recent memory to ever come back from being previously defeated.
On School Board Vision took all four seats it contested, with incumbent Sharon Gregson being joined by Patti Bacchus, Mike Lombardi and Ken Clement - a particularly welcome newcomer as Ken is the first person of aboriginal origin to be elected to a municipal office in Vancouver!
COPE veteran school trustees Allan Wong and Al Blakey are joined by former COPE trustees Jane Bouey, while the NPA returns Ken Denike and Carol Gibson.
On Park Board Vision's Aaron Jasper, Constance Barnes, Raj Hundal and Sarah Blyth join COPE incumbent Loretta Woodcock and civic Green Stuart MacKinnon, with Ian Robertson the NPA's sole survivor.
I congratulate all the winners and wish them the best in their efforts to improve Vancouver and take on the tough issues that our city faces.
And as a Vision Vancouver supporter, friend and fan of Gregor Robertson I am particularly thrilled that he will be our next mayor!
Watch for my column in Tuesday's 24 hours and here for more on the challenges ahead for Vancouver - and for BC.
Saturday, November 15, 2008
Tune in to CKNW AM 980 tonight - Saturday November 15 - starting at 8 p.m. for full municipal election coverage.
I will be joining host Jon McComb and panelists Frances Bula - blogger and writer extraordinaire - and Daniel Fontaine - Mayor Sam Sullivan's former chief of staff - plus the CKNW newsroom team with up to the minute reports on all the results across the province and particularly in Metro Vancouver.
And make sure you vote today before 8 p.m. when the polls close!
Friday, November 14, 2008
The case for and against Gregor Robertson and Peter Ladner as best mayor for Vancouver
As anyone who reads this blog or my 24 hours newspaper columns knows, I am a big supporter of Vision Vancouver candidate Gregor Robertson.
But my evil editors at 24 hours enjoy tormenting me and my fellow columnists, so they insisted we each write a short item saying why both Robertson and Non-Partisan Association mayoral candidate Peter Ladner would make the best mayor of Vancouver.
Needless to say, none of us will take a lie detector test about how sincere we are in writing good things about the candidate we do not endorse.
My contribution is below. You can also read those of Alex Tsakumis, Erin Airton and Ian King by clicking here to go to 24 hours Friday edition.
I personally urge you to vote for Gregor and Vision Vancouver/Coalition of Progressive Electors and Green candidates for council, school and park board on Saturday and to support progressive and labour-supported candidates in other municipalities.
And tune in on Saturday at 8 p.m. to CKNW AM 980 where I will be commenting on the results with host Jon McComb, Daniel Fontaine - formerly Mayor Sam Sullivan's chief of staff and the effervescent Frances Bula - blogger and Globe and Mail/Vancouver magazine contributor, plus the CKNW news team.
* * * * *
Who would make the better mayor?
Gregor Robertson
Homelessness is Vancouver’s biggest issue – and Vision Vancouver’s Gregor
Robertson has made a commitment to end it by 2015 by developing an action plan like those successfully used in New York, Portland and Calgary.
Robertson will use his successful business experience to bring the best ideas and people together to increase affordable housing, prevent crime and promote a greener city, as well as deal with homelessness.
The Non-Partisan Association majority now led by Ladner has failed Vancouver on these issues – Robertson will bring new energy and ideas to city hall and the commitment to make change happen.
Peter Ladner
Peter Ladner of the Non-Partisan Association would build on his good
relations with the B.C. Liberal government of Gordon Campbell and the
Stephen Harper federal Conservative government to push for more funding for Vancouver projects, such as support for social housing to deal with the homelessness crisis.
Ladner has years of business experience and six years at city hall as a councillor that put him in a good position to take action on issues that concern Vancouver voters. And his bold move to unseat NPA mayor Sam Sullivan shows Ladner knows change is needed.
But my evil editors at 24 hours enjoy tormenting me and my fellow columnists, so they insisted we each write a short item saying why both Robertson and Non-Partisan Association mayoral candidate Peter Ladner would make the best mayor of Vancouver.
Needless to say, none of us will take a lie detector test about how sincere we are in writing good things about the candidate we do not endorse.
My contribution is below. You can also read those of Alex Tsakumis, Erin Airton and Ian King by clicking here to go to 24 hours Friday edition.
I personally urge you to vote for Gregor and Vision Vancouver/Coalition of Progressive Electors and Green candidates for council, school and park board on Saturday and to support progressive and labour-supported candidates in other municipalities.
And tune in on Saturday at 8 p.m. to CKNW AM 980 where I will be commenting on the results with host Jon McComb, Daniel Fontaine - formerly Mayor Sam Sullivan's chief of staff and the effervescent Frances Bula - blogger and Globe and Mail/Vancouver magazine contributor, plus the CKNW news team.
* * * * *
Who would make the better mayor?
Gregor Robertson
Homelessness is Vancouver’s biggest issue – and Vision Vancouver’s Gregor
Robertson has made a commitment to end it by 2015 by developing an action plan like those successfully used in New York, Portland and Calgary.
Robertson will use his successful business experience to bring the best ideas and people together to increase affordable housing, prevent crime and promote a greener city, as well as deal with homelessness.
The Non-Partisan Association majority now led by Ladner has failed Vancouver on these issues – Robertson will bring new energy and ideas to city hall and the commitment to make change happen.
Peter Ladner
Peter Ladner of the Non-Partisan Association would build on his good
relations with the B.C. Liberal government of Gordon Campbell and the
Stephen Harper federal Conservative government to push for more funding for Vancouver projects, such as support for social housing to deal with the homelessness crisis.
Ladner has years of business experience and six years at city hall as a councillor that put him in a good position to take action on issues that concern Vancouver voters. And his bold move to unseat NPA mayor Sam Sullivan shows Ladner knows change is needed.
NPA candidates play Where's Waldo? in campaign ads - no mention of mayoral candidate Peter Ladner in most ads
In a strange political version of the popular
"Where's Waldo?" cartoons, Non-Partisan Association candidates have overwhelming run personal campaign ads that fail to even mention their own mayoral nominee - Peter Ladner.
Top prize for dissing the leader goes to Korina Houghton - who bought a full page ad in today's 24 hours newspaper but couldn't find room for a single mention of Ladner, nor in her Province ad.
New NPA council candidate Dajit Sidhu also has an ad in 24 hours with lots on his background and ideas - but no idea who the NPA mayoral candidate is. Nor do his radio ads mention Ladner.
Then there's NPA councilor Suzanne Anton - running lots of ads on CKNW radio AM 980 but none mention Ladner.
Elizabeth Ball is another NPA councilor whose Vancouver Courier ads have no reference to Ladner.
NPA councilor Kim Capri has no reference to Ladner on the home page of her own website.
NPA school board nominee Heather Holden and NPA trustee Ken Denike don't mention Ladner in their ads either.
But give credit to the NPA's Michael Geller - who knows that you run as a team and features Peter Ladner's name prominently in his own ads.
It has to be asked whether the overthrow of NPA Mayor Sam Sullivan by Ladner in a divisive nomination battle has left its scars still.
All incumbent NPA councilors and most NPA school trustees and park board commissioners supported Sullivan's losing campaign. Is there some payback aimed at Peter?
But even NPA Park Board chair Ian Robertson is running ads without Ladner, as is NPA Park Board commissioner Marty Zlotnick - no friend of Sullivan.
Overall one gets the impression the NPA campaign is a well-heeled but hardly well-oiled machine when prominent candidates can't be bothered to even mention the guy who would be their mayor if elected.
By the way, Vision Vancouver candidate Geoff Meggs has radio ads promoting his candidacy and other candidates have print ads - they all mention mayoral candidate Gregor Robertson.
Tuesday, November 11, 2008
Vancouver election: Desperate times, desperate measures for Non-Partisan Association
As the Non-Partisan Association realizes its desperate situation it seems also to be grasping at very thin straws.
More productively, why doesn't the NPA answer some simple questions:
1) Was Vancouver Finance Director Estelle Lo fired?
2) Did Vancouver Finance Director Estelle Lo quit?
3) If either of the above - and one of them seems like an obvious conclusion - then why did Ms. Lo part company with the city after about 10 years of senior administrative duty? Who made that decision?
4) What was Ms. Lo's view of the new $100 million loan by the city's taxpayers - made in secret - to Millennium Development to complete the Olympic Village project? Was she opposed?
5) Was Ms. Lo given severance? Was part of her severance agreement a non-disclosure clause that prevents her from giving the public her view of the Millennium Development loan? What else can she not talk about?
6) NPA Finance Chair, Councilor and mayoral candidate Peter Ladner has said disclosure of information regarding the loan has jeopardized Vancouver's negotiating position with a very tough bargainer - Millennium Development. Why is it hard to negotiate with a company that can't meet its financial obligations, has frozen its projects in Nanaimo and West Vancouver and is required to seek loan guarantees from taxpayers because it and its financial backer the Fortress Group apparently can't access capital on the market otherwise?
7) Former NPA Mayor Philip Owen penned an open letter given to the press which states: "Gregor Robertson is not being honest and truthful with Vancouver citizens. All his left leaning political colleagues for over 35 years, going back to Harry Rankin, have supported the Property Endowment Fund policies. These policies were followed during the recent Olympic Village issue." Exactly what has Mr. Robertson not been "honest and truthful" about Mr. Owen?
8) Gregor Robertson has called for an independent audit of the Millenium Deal and "without compromising our legal or strategic obligations, commit to holding an open council meeting within the first 30 days of taking office, to hear a report on the financial situation of the Olympic Village Project." The NPA should explain exactly what they believe is wrong about telling taxpayers as much as possible about where their money is going.
9) How is it that Vision Vancouver asking questions about this deal could scuttle it but Peter Ladner releasing information about the in-camera discussions doesn't pose a risk?
As I said in a previous posting, the disappearance without explanation of the city's Finance Director would simply not be tolerated in any other major city - let alone in the wake of a controversial $100 million loan to a private developer in financial trouble.
It's time for some serious answers from the NPA about what the hell is going on - not finger pointing about how the public somehow found out about how rotten things might be in Denmark.
More productively, why doesn't the NPA answer some simple questions:
1) Was Vancouver Finance Director Estelle Lo fired?
2) Did Vancouver Finance Director Estelle Lo quit?
3) If either of the above - and one of them seems like an obvious conclusion - then why did Ms. Lo part company with the city after about 10 years of senior administrative duty? Who made that decision?
4) What was Ms. Lo's view of the new $100 million loan by the city's taxpayers - made in secret - to Millennium Development to complete the Olympic Village project? Was she opposed?
5) Was Ms. Lo given severance? Was part of her severance agreement a non-disclosure clause that prevents her from giving the public her view of the Millennium Development loan? What else can she not talk about?
6) NPA Finance Chair, Councilor and mayoral candidate Peter Ladner has said disclosure of information regarding the loan has jeopardized Vancouver's negotiating position with a very tough bargainer - Millennium Development. Why is it hard to negotiate with a company that can't meet its financial obligations, has frozen its projects in Nanaimo and West Vancouver and is required to seek loan guarantees from taxpayers because it and its financial backer the Fortress Group apparently can't access capital on the market otherwise?
7) Former NPA Mayor Philip Owen penned an open letter given to the press which states: "Gregor Robertson is not being honest and truthful with Vancouver citizens. All his left leaning political colleagues for over 35 years, going back to Harry Rankin, have supported the Property Endowment Fund policies. These policies were followed during the recent Olympic Village issue." Exactly what has Mr. Robertson not been "honest and truthful" about Mr. Owen?
8) Gregor Robertson has called for an independent audit of the Millenium Deal and "without compromising our legal or strategic obligations, commit to holding an open council meeting within the first 30 days of taking office, to hear a report on the financial situation of the Olympic Village Project." The NPA should explain exactly what they believe is wrong about telling taxpayers as much as possible about where their money is going.
9) How is it that Vision Vancouver asking questions about this deal could scuttle it but Peter Ladner releasing information about the in-camera discussions doesn't pose a risk?
As I said in a previous posting, the disappearance without explanation of the city's Finance Director would simply not be tolerated in any other major city - let alone in the wake of a controversial $100 million loan to a private developer in financial trouble.
It's time for some serious answers from the NPA about what the hell is going on - not finger pointing about how the public somehow found out about how rotten things might be in Denmark.
Saturday, November 08, 2008
The Banana Republic of Vancouver? What the hell goes on at City Hall with 100 million taxpayer dollars?
What kind of a Banana Republic has Vancouver become?
In a secret meeting October 14 - secret because the Non-Partisan Association majority insisted on - council voted to lend $100 million to Millennium Development, a private corporation building the 2010 Olympic Village.
But Estelle Lo, Vancouver's Director of Finance - the top financial bureaucrat - was not even at the meeting.
Now she is in hiding in Hong Kong and her employment status is unknown.
The questions for the top NPA bananas - Mayor Sam Sullivan and Councilor Peter Ladner - also Chair of the Finance Committee - are numerous and critical:
Is Vancouver's Director of Finance Estelle Lo still employed by the City or not?
I sent her an email this morning - this was the automated response:
"Estelle is away from the office today and will return on Monday, November 17. Please contact her assistant, Annie, at 604 873-XXXX if this is urgent. Thank you."
But Frances Bula reports today in the Globe and Mail that Lo has resigned:
"Ms. Lo is in Hong Kong visiting her mother and has not confirmed publicly what her job status is. Mr. Ladner said she is still on the city payroll. However, a source said city manager Judy Rogers had accepted Ms. Lo's resignation Oct. 29."
If Lo is no longer a City employee, was she fired or did she quit?
If so, why?
What was her view of the largest, riskiest taxpayer loan Vancouver has ever made?
Did her position on the loan have anything to do with here apparent departure from City employment?
Vision Vancouver councilors - whose re-election I support - tried last night to get a public meeting held to get some answers before the election - and were shut down by the NPA majority.
And they were told by Ladner and NPA councilors to stop playing politics with the issue.
Oh really? It's my money - it's your money and we deserve a lot more answers than we are getting from the NPA.
Because from where I sit it is awfully hard to imagine that after years of working for Vancouver in a top financial job, Estelle Lo just happens to decide to pack it in and picks the month where a secret $100 million loan is made to a private developer who is in financial difficulties - including their frozen projects in West Vancouver and Nanaimo - along with its troubled lender, Fortress Investment Group.
Oh yeah, and the month where the Vancouver election takes place.
But maybe I'm just suspicious by nature.
In a secret meeting October 14 - secret because the Non-Partisan Association majority insisted on - council voted to lend $100 million to Millennium Development, a private corporation building the 2010 Olympic Village.
But Estelle Lo, Vancouver's Director of Finance - the top financial bureaucrat - was not even at the meeting.
Now she is in hiding in Hong Kong and her employment status is unknown.
The questions for the top NPA bananas - Mayor Sam Sullivan and Councilor Peter Ladner - also Chair of the Finance Committee - are numerous and critical:
Is Vancouver's Director of Finance Estelle Lo still employed by the City or not?
I sent her an email this morning - this was the automated response:
"Estelle is away from the office today and will return on Monday, November 17. Please contact her assistant, Annie, at 604 873-XXXX if this is urgent. Thank you."
But Frances Bula reports today in the Globe and Mail that Lo has resigned:
"Ms. Lo is in Hong Kong visiting her mother and has not confirmed publicly what her job status is. Mr. Ladner said she is still on the city payroll. However, a source said city manager Judy Rogers had accepted Ms. Lo's resignation Oct. 29."
If Lo is no longer a City employee, was she fired or did she quit?
If so, why?
What was her view of the largest, riskiest taxpayer loan Vancouver has ever made?
Did her position on the loan have anything to do with here apparent departure from City employment?
Vision Vancouver councilors - whose re-election I support - tried last night to get a public meeting held to get some answers before the election - and were shut down by the NPA majority.
And they were told by Ladner and NPA councilors to stop playing politics with the issue.
Oh really? It's my money - it's your money and we deserve a lot more answers than we are getting from the NPA.
Because from where I sit it is awfully hard to imagine that after years of working for Vancouver in a top financial job, Estelle Lo just happens to decide to pack it in and picks the month where a secret $100 million loan is made to a private developer who is in financial difficulties - including their frozen projects in West Vancouver and Nanaimo - along with its troubled lender, Fortress Investment Group.
Oh yeah, and the month where the Vancouver election takes place.
But maybe I'm just suspicious by nature.
Tuesday, November 04, 2008
Gregor Robertson is the best choice for mayor of Vancouver
Bill Tieleman’s 24 Hours Column
Tuesday November 4, 2008
Robertson's the one for mayor
By BILL TIELEMAN
Unless commitment is made, there are only promises and hopes, but no plans.
- Peter Drucker, management consultant
Non-Partisan Association mayoralty candidate Peter Ladner is a good man who has dedicated much to public service.
I have known and liked Peter for many years, before he became a city councillor.
But I believe Vision Vancouver's Gregor Robertson is the best choice for mayor of the city.
I have also known and liked Gregor for a long time - and I encouraged him to run for mayor because he is the right person at a very challenging time.
Why? Homelessness is Vancouver's biggest issue and Gregor Robertson has the commitment and energy to help solve it.
It's an embarrassment that in a city with Vancouver's wealth we cannot house the homeless.
Recently I was downtown on Burrard Street early in the morning. On the steps of a church were a dozen homeless people sleeping while BMWs and Porsches zoomed by. It's shameful.
Robertson has promised to end homelessness by 2015, modelling his plan on successful examples in Portland, Calgary and New York City.
It will be difficult and ambitious - but that's exactly what Vancouver needs.
And it's obvious to anyone who walks around Vancouver that our homelessness problem has got dramatically worse during three years of NPA rule under Mayor Sam Sullivan and Peter Ladner.
Sadly, Ladner said in a debate, October 9, when asked what he would do as soon as elected: "I don't have anything that's burning in my mind that we're absolutely going to jump in there and change the minute I become the mayor."
Robertson's answer: "On day one, we need to pull people together right away to start crafting our plan to end homelessness in Vancouver by 2015."
That sense of urgency and commitment are what Vancouver wants - and not just on homelessness.
Affordable housing in Vancouver is as rare as homeless people on the streets are common. That has to change - and you do that by changing city hall.
Why Robertson?
He has already demonstrated his commitment to righting wrongs as an MLA by fighting for compensation for Cambie Street merchants whose businesses were devastated by rapid transit construction and for people with mental disabilities who faced losing their group home - Hampton Court.
Robertson has a remarkably successful background as an entrepreneur who co-founded Happy Planet juices. The combination of business expertise and social justice makes Gregor Robertson my clear choice for mayor.
And to ensure Robertson can deliver on his commitment, he needs a strong Vision Vancouver/Coalition of Progressive Electors/Green Party team at city council, school and park board after the Nov. 15 election.
No column next week on Remembrance Day but check my blog for more on the municipal elections.
And I will be commenting on election night on CKNW AM 980.
Saturday, November 01, 2008
Advice for Gregor Robertson & Peter Ladner - how each can win & vulnerabilities
24 hours newspaper has set up an election blog for the November 15 province-wide municipal vote.
Here's the first installment on the Vancouver city mayoralty election contest - advice to Non-Partisan Association candidate Peter Ladner and Vision Vancouver candidate Gregor Robertson, printed in 24 hours Friday, followed by my additional advice on the 24 hours blog:
You can also find the advice my 24 hours columnist colleagues Erin Airton, Alex Tsakumis and Ian King gave to Robertson and Ladner on the blog.
Free advice for Peter, Gregor
By Bill Tieleman, 24 hours columnist
Non-Partisan Association mayoralty candidate Peter Ladner wins if …
...the Vancouver election turnout is low due to voter fatigue or just disinterest.
The NPA is one of Canada’s most successful political parties because Vancouver doesn’t have a ward or constituency system and because the wealthier part of town votes in disproportionately higher numbers than the rest of the city.
That means a low turnout is the NPA’s big advantage.
Ladner also wins if voters really don’t care about homelessness or think he and the NPA have done enough about it for a city government and believe it is instead a provincial and federal responsibility.
Vision Vancouver mayoralty candidate Gregor Robertson wins if …
...the election turnout is moderate to high and voters are fed up with increasing homelessness and an NPA government that doesn’t seem to be able to make any progress on the city’s biggest issue.
The mayoralty nomination race between Robertson and Coun. Raymond Louie and a hotly contested council nomination race made Vision the largest civic party in Canada with 16,000 members.
And a recent debate on homelessness drew 1,000 citizens. That may indicate voters are motivated for change and that Robertson’s plan to end homelessness by 2015 – however difficult – is what they want.
From 24 hours municipal election blog:
Peter Ladner’s biggest vulnerability is .....
.....the NPA government’s record over the past three years because of a lack of accomplishments.
Gregor Robertson’s uses a telling attack in debates – “Is Vancouver better off after three years of NPA rule?” Homelessness is demonstrably worse, the Project Civil City brainchild of Mayor Sam Sullivan has no discernable results and Ladner himself successfully challenged Sullivan for the NPA nomination because the party was “headed for the rocks.”
Ladner also has to avoid the mixed messages he started with, saying that first homelessness and then later that crime was Vancouver’s biggest issue.
Gregor Robertson’s biggest vulnerability is.....
.....his recent background as a New Democratic Party MLA for Vancouver-Fairview, because Peter Ladner has repeatedly said a former NDP MLA can’t work cooperatively with the Gordon Campbell B.C. Liberal government or the Stephen Harper federal Conservative government.
If that convinces voters, Ladner’s studied avoidance of direct federal or provincial party support could be an advantage
Robertson also has to stop a tendency to muse about contentious policy issues in public, such as considering a bicycle lane on the Granville Street bridge. Candidates who muse, lose.
Here's the first installment on the Vancouver city mayoralty election contest - advice to Non-Partisan Association candidate Peter Ladner and Vision Vancouver candidate Gregor Robertson, printed in 24 hours Friday, followed by my additional advice on the 24 hours blog:
You can also find the advice my 24 hours columnist colleagues Erin Airton, Alex Tsakumis and Ian King gave to Robertson and Ladner on the blog.
Free advice for Peter, Gregor
By Bill Tieleman, 24 hours columnist
Non-Partisan Association mayoralty candidate Peter Ladner wins if …
...the Vancouver election turnout is low due to voter fatigue or just disinterest.
The NPA is one of Canada’s most successful political parties because Vancouver doesn’t have a ward or constituency system and because the wealthier part of town votes in disproportionately higher numbers than the rest of the city.
That means a low turnout is the NPA’s big advantage.
Ladner also wins if voters really don’t care about homelessness or think he and the NPA have done enough about it for a city government and believe it is instead a provincial and federal responsibility.
Vision Vancouver mayoralty candidate Gregor Robertson wins if …
...the election turnout is moderate to high and voters are fed up with increasing homelessness and an NPA government that doesn’t seem to be able to make any progress on the city’s biggest issue.
The mayoralty nomination race between Robertson and Coun. Raymond Louie and a hotly contested council nomination race made Vision the largest civic party in Canada with 16,000 members.
And a recent debate on homelessness drew 1,000 citizens. That may indicate voters are motivated for change and that Robertson’s plan to end homelessness by 2015 – however difficult – is what they want.
From 24 hours municipal election blog:
Peter Ladner’s biggest vulnerability is .....
.....the NPA government’s record over the past three years because of a lack of accomplishments.
Gregor Robertson’s uses a telling attack in debates – “Is Vancouver better off after three years of NPA rule?” Homelessness is demonstrably worse, the Project Civil City brainchild of Mayor Sam Sullivan has no discernable results and Ladner himself successfully challenged Sullivan for the NPA nomination because the party was “headed for the rocks.”
Ladner also has to avoid the mixed messages he started with, saying that first homelessness and then later that crime was Vancouver’s biggest issue.
Gregor Robertson’s biggest vulnerability is.....
.....his recent background as a New Democratic Party MLA for Vancouver-Fairview, because Peter Ladner has repeatedly said a former NDP MLA can’t work cooperatively with the Gordon Campbell B.C. Liberal government or the Stephen Harper federal Conservative government.
If that convinces voters, Ladner’s studied avoidance of direct federal or provincial party support could be an advantage
Robertson also has to stop a tendency to muse about contentious policy issues in public, such as considering a bicycle lane on the Granville Street bridge. Candidates who muse, lose.
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