tag:blogger.com,1999:blog-35935973.post2538602780258773759..comments2023-07-25T02:39:44.615-07:00Comments on Bill Tieleman: Judge imposes sweeping publication ban on Basi-Virk/BC Legislature Raid CaseBill Tielemanhttp://www.blogger.com/profile/03304971610140279157noreply@blogger.comBlogger45125tag:blogger.com,1999:blog-35935973.post-51928997523413217702010-03-14T18:02:04.060-07:002010-03-14T18:02:04.060-07:00Skookum 1 you're right, it was Bill Bennett as...Skookum 1 you're right, it was Bill Bennett as the Premier in 1980. <br />*************************************<br />http://www.leg.bc.ca/hansard/hansindx/32nd2nd/index.htm<br /><br />Hansard Services<br />Indexes to Debates<br />*************************************<br /><br />2nd Session, 32nd Parliament (1980)<br /><br /> Full Index<br /> A B C D E F G H I J K L M N O P Q R S T U V W X Y Z<br /><br /> Budget - Throne speech<br /><br /> Hansard Sittings by Page Number<br /> Executive Council and Legislative Assembly<br /> MLAs by Name<br /> MLAs by Constituency<br /> Bills Introduced<br /><br /> Guide to the Old Hansards Web Project<br /><br /> *********************************<br /><br />If you go to the above URL and click on "Executive Council and Legislative Assembly" http://www.leg.bc.ca/hansard/hansindx/32nd2nd/names.htm you'll get the list of names.<br />************************************<br /><br />For a full listing of Hansard Previous Debates except for 2010 the URL is <br /><br />http://www.leg.bc.ca/hansard/8-9.htm<br /><br />***************************************<br /><br />INDEXES<br />4th Session, 36th Parliament (2000)<br /><br />Now this particular Session is the first one that includes the electronic version of Oral Questions <br /><br />http://www.leg.bc.ca/hansard/hansindx/36th4th/index.htmNorth Van's Grumpshttps://www.blogger.com/profile/17571810726275726952noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-15322213545020648902010-03-14T12:06:22.240-07:002010-03-14T12:06:22.240-07:00Skookum 1 - the defence dropped the change of venu...Skookum 1 - the defence dropped the change of venue possibility - the case will be heard in Vancouver - thank goodness for my own reasons. I have no idea about room for observers but it's never, ever been full in 4 years of pre-trial hearings.Bill Tielemanhttps://www.blogger.com/profile/03304971610140279157noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-8333048939367014762010-03-14T07:00:32.585-07:002010-03-14T07:00:32.585-07:00Anonymous 9:40: No surprise. Hope they have a huge...Anonymous 9:40: <i>No surprise. Hope they have a huge viewing section in the courtroom.</i><br /><br />Not sure where it's gone since, but there <i>was</i> rumbling that there was also going to be a change of venue, possibly to Victoria. Where there is next-to-nil seating for the public and/or for journalists......one account I read said there was barely room for lawyers...Skookum1https://www.blogger.com/profile/02454267132163984177noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-73664071718997374012010-03-14T06:57:43.550-07:002010-03-14T06:57:43.550-07:00NVG: The test, Maingot, came about in June of 1980...NVG: <i>The test, Maingot, came about in June of 1980 during WAC Bennett's last term of office, </i><br /><br />Uh, NVG, I'm confused. I'm sure you must mean Bill Bennett, and not WAC, who left office in 1972; unless all dates in your post should be rolled back by a decade.....Skookum1https://www.blogger.com/profile/02454267132163984177noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-46663108202750672592010-03-13T11:38:55.513-08:002010-03-13T11:38:55.513-08:00We've seen the wiretap that has been introduce...We've seen the wiretap that has been introduced in Pre-trial which covered Dave Basi talking to Gary Collins but according to Hansard in Question Period between Joy MacPhail and G. Plant she raises the "test" required to allow police into the Legislature. The test being Maingot 1980 on parliamentary privileges which prevents police from going on a "fishing trips" via wiretaps.<br /><br />For all intents and purposes the government has asserted all along that no member of the government was ever under investigation, and the police agree. I suppose the apparent activities by the Finance Minister with Dave Basi in regards to torpedoing radio talk shows with bogus callers doesn't constitute a criminal activity AND as Bill T. often reminds us, the pretrial has not had any rebuttal offered to the courts so don't judge the outcome based on rumors. <br /><br />The test, Maingot, came about in June of 1980 during WAC Bennett's last term of office, something having to do with RCMP using wiretaps to corral the Dirty Tricks scandal. The police were excused for their actions that time, but it set in place a means by which all parties in the BC Legislature can refer to as etched in stone. Just how far can the police intervene.<br /><br />We've heard O'Connor referenced many times during the Pre-trial, well here's another one to become familiar with: Maingot<br />**************************************<br />http://qp.gov.bc.ca/hansard/32nd2nd/32p_02s_800606a.htm<br /><br />SNIP<br />"After considering all the evidence. and in particular the extensive evidence provided to this committee on the law of privilege and contempt by Mr. Horne and Mr. Maingot. and considering the nature of privilege which the member holds in trust for the public, it is the unanimous opinion of the committee that the described actions of the Royal Canadian Mounted Police constitute a breach of privilege and a contempt of this House.<br /><br />[ Page 2850 ]<br /><br />"This finding relates to the interception of a member's communications from his office telephones within the legislative precincts and the telephones in his constituency office in the period of January 13, 1977, to and including September 27, 1977, and for the period October 19 to and including October 21, 1977, being the dates on which this Legislative Assembly was sitting.<br /><br />"Your committee further recommends that no action be taken against the RCMP in this instance, as there is no evidence before your committee upon which they could conclude the police were aware that their actions might constitute a breach of privilege or a contempt of the Legislature.<br /><br />"Your committee wishes to further add that they have made no specific finding in relation to the interception of the member's communications while the House is not sitting or the intercept of communications to and from the member's home. The committee, however, emphasizes the 12-month role of the modem legislator, and further emphasizes that his legislative and constituency duties extend beyond the session, and in many instances into his home. This committee therefore wishes to go on record, in the strongest possible terms, as disapproving of these practices, particularly bearing in mind the right of the public to have free and uninhibited access to their elected members.<br /><br />"Your committee members were unanimous in their opinion that fear of intercepts such as the one examined by your committee obstructed members in the performance of their legislative duties. <b>The committee accepts Mr. Maingot's evidence that the test of obstruction is a subjective test.</b>"<br /><br />SNIP<br /><br /><br />Over at BC Mary's during a Question Period interchange between Joy MacPhail and Solicitor General Rich Coleman there is a further mention of Maingot <br /><br /> https://www.blogger.com/comment.g?blogID=27776136&postID=6340753642785361079&isPopup=trueNorth Van's Grumpshttps://www.blogger.com/profile/17571810726275726952noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-62374729482681942692010-03-09T18:03:20.310-08:002010-03-09T18:03:20.310-08:00Strange how perspective can affect judgment. Here...Strange how perspective can affect judgment. Here are Chief Justice McEachern's views on the effect of peaceful picketing of courthouses (from British Columbia Government Employees Union [1983] B.C.J. No. 2504): <br /><br />33 I also wish to stress, as I mentioned in my earlier reasons, the absolute necessity for the public to have an unrestricted right to attend at courthouses so as to scrutinize what goes on there. I cannot do better than cite Lord Shaw in Scott (Morgan) v. Scott, [1913] A.C. 417 at 477 (H.L.), where, on the question of courts functioning in secret, he quoted both Bentham and Hallam. Particularly appropriate is the dictum of Bentham that "publicity is the very soul of justice". In this sense I think publicity includes both the right to attend and the right to report judicial proceedings.<br /><br />34 It is clear to me that the establishment of a picket line at a courthouse is calculated to encroach upon and to endanger this most precious safeguard to the open administration of justice because many of our citizens will not cross a picket line.David Blairnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-45713379474513063892010-03-09T16:54:44.671-08:002010-03-09T16:54:44.671-08:00What we have in BC,when it comes to the Basi,Virk,...What we have in BC,when it comes to the Basi,Virk,situation is a collection of some really sleazy people. The judge,lawyers and the liberal government. <br /> I would give it all to NBC in the US. They informed 10 million listeners(olympics) what our local neocons news outlets won't do and that is how the foreign owned fish farm owners are killing off our wild stock salmon. Again the actions of another group of really sick people, who contribute to the coffers of the Campbell gov. <br /> I'm sure NBC would like to be involved It's newsAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-63965690824851369232010-03-09T13:46:21.344-08:002010-03-09T13:46:21.344-08:00When I noticed the difference yesterday between th...When I noticed the difference yesterday between the one on the SC webpage, and the two ban notices when I did a search under bans, I did not notice the 2 had different headers.<br /><br />R. v. Basi, R. v. Basi – 2010/03/02 <br />Supreme Court <br /><br /> more ...<br /><br />--------------------------------------------------------------------------------<br /><br /> <br />R. v. Virk, Basi and Basi, R. v. Virk, Basi and Basi – 2010/03/02 <br />Court of Appeal <br /> <br />Why if it is one trial that they listed it this way???E.Mhttps://www.blogger.com/profile/15940663778778352450noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-20291082973487646262010-03-09T13:11:23.549-08:002010-03-09T13:11:23.549-08:00I had three brothers and a sister, in the armed fo...I had three brothers and a sister, in the armed forces during WW11. BC, is no different than, Communist Russia. Destroying evidence was routine, there was a steady diet of corruption, lying and deceit. Every Russian also knew, about the corruption, in their country, as we know that, BC is rotten to the core. To expect, honesty and decency, of our governing officials and the judicial system is, an exercise in futility. That is not going to happen. How many times have BC citizens been lied to, by, the gruesome twosome. Campbell has, criminal tendencies, we little guys have been victimized by Campbell and Hansen, to know. It would not be, beneath their dignity, to destroy evidence. Lying, is, Campbell and Hansen's forte. We, also knew, the crimes of the RCMP, would go unpunished, and go free to offend again. Our young Canadian boys, were blown to hell, so, this would not happen in Canada. They dammed well saw what, dictatorship, communism and fascists, did to those country's. They died for nothing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-87281561894725520342010-03-09T11:04:06.367-08:002010-03-09T11:04:06.367-08:00"An RCMP spokesperson in Vancouver said they ..."<i>An RCMP spokesperson in Vancouver said they are "looking at" web sites to see if there are any breaches of the publication ban.</i>"<br /><br />Then what? If they can't beat it up, shoot in in the back of the head in self defense, taser it or carry on an illicit affair with it, they're not interested.kootcoothttps://www.blogger.com/profile/11344208424209840730noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-2180328034075971192010-03-08T23:30:09.576-08:002010-03-08T23:30:09.576-08:00Im pretty sure but not positive that its Canada wi...Im pretty sure but not positive that its Canada wide ban.<br /><br />I found this looking for info<br /><br />The Net Routes Around Censorship <br />Robert Pickton, 53, is facing 15 counts of first-degree murder in connection with the disappearances of more than 50 women from Vancouver's Downtown Eastside. <br />As sometimes occurs in high profile cases like this, there is a publication ban. <br /><br />As another example of "the Net" recognizing censorship as damage and routing information around it, there is a web site where people interested in the case can get access to news items published outside Canada: http://www.thememoryhole.org/crime/pickton-blackout.htm <br /><br />An RCMP spokesperson in Vancouver said they are "looking at" web sites to see if there are any breaches of the publication ban. <br /><br />http://www.efc.ca/<br /><br />Here is another good read blod and the ban.<br />http://www.questia.com/googleScholar.qst?docId=5009739052E.Mhttps://www.blogger.com/profile/15940663778778352450noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-75656875204985218692010-03-08T17:48:21.831-08:002010-03-08T17:48:21.831-08:00E M, Does the publication ban carry weight outside...E M, Does the publication ban carry weight outside the boundaries of British Columbia. i.e. is an edict of a British Columbia court binding on all Canadian citizens (and publications)?Skookum1https://www.blogger.com/profile/02454267132163984177noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-38314819847755664732010-03-08T17:15:20.886-08:002010-03-08T17:15:20.886-08:00this ruling was brought down to cover the judges a...this ruling was brought down to cover the judges ass for the future rulings she'll be making ,and also to cover the ass of the many layers of criminality that have happened in this case by many people the law truly is an asp!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-45790338626992295162010-03-08T11:14:07.396-08:002010-03-08T11:14:07.396-08:00Pardon Me if this has been brought up, the BC Cour...Pardon Me if this has been brought up, the BC Court f Appeal page tells Us that<br /><br />" "The publication ban prohibits the publication in any document or broadcast or transmission of evidence, submissions, rulings and Reasons for Judgment given in this proceeding in the absence of the jury. This publication ban will expire when the jury renders its verdict. <br />As a result of this publication ban order, all of the rulings and Reasons for Judgment which were previously published on the Court's website have been removed. These rulings and Reasons for Judgment will be re-published when the publication ban expires. "<br /><br /> Court of appeal webpage<br />http://www.courts.gov.bc.ca/Court_of_Appeal/index.aspx<br />--------<br />I did a search and found two decisions only regarding Basi Virk, and that is the Publication ban.<br />NOTE: It does not say in the absence of the Jury.<br />----<br />Pursuant to s.648of the Criminal code and inherent jurisdiction of the court,no information about these proceedings including evidence,submissions, rulings,and Reasons for judgement shall be published in any document or broadcast or transmitted in any way until the jury renders its verdict or until further order of the Court.March 02 2010<br />http://www.courts.gov.bc.ca/jdb-txt/SC/10/00/Basi%20Publication%20Ban%20Order%20-%20MacKenzie%20J%20-%20March%202,%202010.pdf<br /><br />-----posting at Mary's also--E.Mhttps://www.blogger.com/profile/15940663778778352450noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-28464110108147176982010-03-08T10:41:02.539-08:002010-03-08T10:41:02.539-08:00AnonoMouse at 5:38
"If we don't I can see...AnonoMouse at 5:38<br />"<i>If we don't I can see the Campbell family abolishing voting,</i>"<br /><br />Which "Campbell" family would be in charge of abolishing voting, the old one, or the new one, the real one or the pretend one (the one brought out for elections and other special occasions)!<br /><br />And Rod Smelser:<br /><br />"<i><br />I cannot find any mention of this publication ban on either PublicEyeOnline or The Tyee. Is there a reason they aren't talking about it?</i>"<br /><br />Maybe they think the ban extends to the ban itself!kootcoothttps://www.blogger.com/profile/11344208424209840730noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-54763238853279671772010-03-08T09:19:49.654-08:002010-03-08T09:19:49.654-08:00Bill -
I cannot find any mention of this publica...Bill - <br /><br />I cannot find any mention of this publication ban on either PublicEyeOnline or The Tyee. Is there a reason they aren't talking about it?Rod Smelsernoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-86716170570193414432010-03-08T09:14:17.164-08:002010-03-08T09:14:17.164-08:00The Air India case was Judge alone with Justice Ia...The Air India case was Judge alone with Justice Ian Josephson. Publications bans in that trial involved secret witnesses, not any pre-trial decisions<br /><br />The perjury trial with Reyat is in front of a jury WITHOUT A PUBLICATION BAN. The BC RAIL TRIAL HAS HAD A PUBLICATION BAN IMPOSED ON IT WITHOUT A COURT HEARING.<br /><br />Two trials, two different judges, both are jury trials. One with a publication ban one without. Something does not add up.<br /><br />You can read about the prejury trial in today's MSM, but don't look for any mention of the upcoming BC Rail trial given Justice Mackenzies order.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-14198451212416614792010-03-08T08:29:12.012-08:002010-03-08T08:29:12.012-08:00Maybe someone can correct me if i'm wrong, but...Maybe someone can correct me if i'm wrong, but isn't this a standard publication ban used in jury trials? I think there are two reasons for it: first, to allow for a fair jury selection process; and second, so the jury doesn't see anyting in the media that hasn't been presented as evidence at trial. The jury is only allowed to consider evidence presented at trial. In the Air India case, and many others, there were many pieces of information that were not released until after the verdict. After the verdict, it's all fair game.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-32668008979555754172010-03-07T19:38:23.439-08:002010-03-07T19:38:23.439-08:00Bill,
Explain to me why Justice Mackenzie has imp...Bill,<br /><br />Explain to me why Justice Mackenzie has imposed a publication ban on the BC Rail case when another high profile case involving inderjit Singht Reyat of the Air India case, has not?????<br /><br />Inderjit Reyat is charged with perjury and his jury selection hearing happened last week. The trial is scheduled for next week. Media reports were detailed in the hearing regarding the reasons for potential jurists not being available to sit.<br /><br />Justice Mackenzie continues to raise questions about her appointment.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-49994515025255337562010-03-07T12:18:47.488-08:002010-03-07T12:18:47.488-08:00Onto another serious matter.
The Green Party is r...Onto another serious matter.<br /><br />The Green Party is reviving the call for electronic voting in provincial elections. The internet is so damn insecure that I would never support that. <br /><br />I can imagine my rich religious-conservative sister voting a thousand times. (And my computer literate lefty friends doing the same, too!)<br /><br />It would be a total mess rife with abuse.<br /><br />PLEASE - One person one vote. All voters must be verified by a real live sworn election official! <br /><br />Even the "simple" electronic tabulation systems used in civic elections are prone to abuse.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-41510991526972578182010-03-07T05:38:43.495-08:002010-03-07T05:38:43.495-08:00Kootcoot
I disagree on one point....the jury will ...Kootcoot<br />I disagree on one point....the jury will be well trained and hand picked by the mob. Very scary times these are. Our priority should be working together to get a voting system that works, one that reflects each vote, believe it is somewhere in Europe....NOT the two CHOICES Campbell gave the citizens, FPP or STV, both bad like Himself, he's a complete joke, sick, sick. If we don't I can see the Campbell family abolishing voting, seriously, and ruling til they die then pass it on down the family. We must save our province and our country from these tyrants.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-86826322494377782042010-03-06T21:35:12.984-08:002010-03-06T21:35:12.984-08:00maybe it just felt like two days...
I check this ...maybe it just felt like two days...<br /><br />I check this blog compulsively.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-74845807261363719222010-03-06T18:52:27.470-08:002010-03-06T18:52:27.470-08:00Thanks - I've heard this blog and BC Mary'...Thanks - I've heard this blog and BC Mary's were offline for a while but it definitely was not for two days - I have no knowledge of what happened and never had any problem accessing it myself.<br /><br />Sometimes when I'm posting an item it is temporarily down during that time but it sounds like it was longer than that.Bill Tielemanhttps://www.blogger.com/profile/03304971610140279157noreply@blogger.comtag:blogger.com,1999:blog-35935973.post-34441538260454552822010-03-06T18:38:07.482-08:002010-03-06T18:38:07.482-08:00did you know that your blog and BC Mary's blog...did you know that your blog and BC Mary's blog disappeared for a couple of days?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35935973.post-2356641287537917412010-03-06T15:38:16.487-08:002010-03-06T15:38:16.487-08:00"But these fundamental questions and many mor..."<i>But these fundamental questions and many more are troubling given the lack of information provided with this publication ban order</i>"<br /><br />Also need I add, given the amount of avoidance of the trial to date by the so-called "real" media, the constant obfuscation, actions that would appear to be evidence tampering and Stonewalley's (and any of the rest of them questioned about anything up to the actual existence of the proceedings) eternal chorus of "It's before the courts are also troubling. <br /><br />I think anon above (2:17) may be overly concerned that you may need to remove posts dealing with the trial from the last six years. If that were so then Lenny Asper (oops he's gone) and Pointy of the Sun better get busy collecting a shredding their previous editions. They won't need to look for many though, as they've been pretty lax in finding this newsworthy. Shredding every Sun ever printed or that will ever be, now there's idea! <br /><br />As to "publishing" and where it is published - I'm thinking of having an American friend, close by, attend (he's much closer than I - he could vote against John Les, except for the Medicine Line) the proceedings - can he "communicate" his impressions to me PERSONALLY?<br /><br />BTW, it seems mostly older folks know shorthand anymore!<br /><br />"<i>..... and all because the Defense team sought a trial by jury, rather than the judge.</i>"<br /><br />The BVB boys are likely playing along - the prosecution (and the judge) wanted them to request a jury, just for this reason - the fix is in. Otherwise the best defence would be to come clean and roll over on the higher life forms. But just think of how many jurors can be excluded for being aware of the issues and perhaps having an opinion. The only eligible members of the jury pool will be the most unaware (a very large pool) of the electorate. <br /><br />Let's have a betting pool and try to pick how many jurors finally seated actually voted last May. I'll take 3, or 4 if 3 is taken. <br /><br />This ban likely would eventually be overturned after lengthy appeals - cuz we all know the Campbell crowd will appeal anything on our time to the last level - and so will Wild Bill Beradino as in the Secret Witness appeal all the way to the top. <br /><br />On the other hand, if Stevie gets to appoint seven judges to the Supreme Court of Canada it is goodbye justice for the rest of my lifetime. I'm surprised he doesn't make the bench longer so he can appoint some already - like Brian did with the Senate so he could win! We only cheat if we have to!kootcoothttps://www.blogger.com/profile/11344208424209840730noreply@blogger.com