National Green Party leader Elizabeth May has done it again, issuing an embarrassing news release on the John Manley Afghanistan report that raises serious questions about her political judgement.
May says sending more troops from a "Christian/Crusader heritage" could fuel an insurgency that has been "framed as a Jihad" in Afghanistan.
The Conservative Party is calling for May to apologize for her remarks, which it says insult Canadian and NATO troops by categorizing them as "Christian crusaders".
Conservative MP Pierre Poilievre also managed to draw federal Liberal leader Stephane Dion into the fracas, calling on Dion to end his electoral cooperation agreement with May, who Poilievre calls: " a leader so out of the mainstream to smear the reputation of our soldiers, diplomats and aid workers." May and Dion have a deal not to run candidates from their party in each other's riding in the next federal election.
May has fired back, demanding Poilievre himself apologize for an "irresponsible distortion of the party's views on Afghanistan."
The May gaffe recalls her comments last year that got her in hot water when she compared the Conservatives' climate policies to appeasement of the Nazis by British Prime Minister Neville Chamberlain.
The Canadian Jewish Congress was not amused with May's strange comparisons.
"Whatever the Earth is doing, warming up, it has nothing to do with what the Nazis did to the Jews of Europe," said Congress spokesperson Ed Morgan.
Interestingly, May and the Greens don't actually say whether or not they support extending the Canadian troops mission in Afghanistan beyond 2009. The Conservatives do, the NDP and Bloc Quebecois don't and the Liberals are pondering what to do.
So you be the judge on who's crusading - here is the Green Party's original news release. Comments most welcome!
22.01.2008
Green Party rejects Manley Report conclusions
OTTAWA – The federal Green Party shares a vision of a stable and secure Afghanistan, but today challenged the newly-released Manley Report’s premise that Canada’s troops must remain in Khandahar beyond February of 2009 to achieve this objective.
“The Manley Report fails to consider that the recommendation of more ISAF forces from a Christian/Crusader heritage will continue to fuel an insurgency that has been framed as a ‘Jihad’. This, in turn, may feed the recruitment of suicide bombers and other insurgents,” said Green Party leader Elizabeth May.
“Better human security is certainly needed in the South but it should be provided by a different cultural mix of UN countries as well as the Afghan army and police. Even if this proves challenging to accomplish, this key objective should have been included.”
The Green Party also questioned the Report’s recommended indefinite exit date for the Canadian Forces from Kandahar, citing concern that an open-ended departure date could significantly prolong the training time of the Afghan military and police. The continuous availability of external personnel and logistical support in a poor country like Afghanistan risks creating a structural disincentive to rapid military preparedness, especially in an ongoing conflict situation.
Green Party International Affairs critic Eric Walton also raised concern about the Report’s cursory reference to poppy plant cultivation, which helps fund the insurgency and worsens government corruption.
“It was critical that the Manley Report strongly advanced the Poppies For Medicine (P4M) program, but what we saw was little more than a lukewarm endorsement,” said Mr. Walton.
“The Green Party would advance the P4M plan while strongly rejecting US proposals for widespread chemical spraying of poppy fields this spring. This pivotal choice could very soon determine the ultimate success or failure of the mission. It should also be a factor when determining if Canada stays in Afghanistan at all.”
Wednesday, January 23, 2008
BC pushes Public-Private-Partnerships even more with international conference featuring Premier Gordon Campbell
If there was any doubt that the BC Liberal government is leading the way in privatizing the province, get over it.
Today I received information about a huge public-private-partnerships conference featuring Premier Gordon Campbell and Richard Abadie, the global head of PriceWaterhouseCoopers’ PPP Advisory Group in Britain, will be held in Vancouver on March 6.
BC currently boasts that there are more than $7.8 billion in P3 projects underway here and claims that California governor Arnold Schwarzenegger is following Campbell's lead by introducing P3 as a solution to that state's fiscal crisis and infrastructure needs, as reported here and in my 24 hours column this month.
And that does not include the up to $60 billion in contracts likely to be given to so-called "independent power producers" for expensive, long-term deals to supply BC Hydro with electricity from run-of-river dams and other power projects, as also reported here and in 24 hours.
Here are the details of an invitation to the conference, which will cost $300 per person for non-members of the Vancouver Board of Trade, which is sponsoring the event.
B.C. Public Private Partnerships Forum
Top UK expert joins Premier and Partnerships BC Larry Blain
Event: Public Private Partnerships in B.C. Forum
Time: 8:00 am – 2:00 pm
Date: Thursday, March 6, 2008
Place: The Fairmont Hotel Vancouver, BC Ballroom
VANCOUVER, B.C. (Jan. 23, 2008) – With the number of public private partnerships (PPPs) growing as the province embarks on major infrastructure projects, one of the UK’s foremost PPP experts will join Premier Gordon Campbell and Larry Blain, CEO of Partnerships BC, to review British Columbia’s PPP experience to date and examine the future potential of PPP opportunities.
It’s all part of The Vancouver Board of Trade’s annual half-day B.C. Public Private Partnerships Forum (Thursday, March 6 at The Fairmont Hotel Vancouver), which will kick off with a breakfast keynote address by Richard Abadie, the global head of PriceWaterhouseCoopers’ PPP Advisory Group in Britain.
As the size and scope of PPPs grow, attracting the interest of major national and international firms, Abadie will detail what local companies, communities, and economies can expect from PPPs, and will examine the unique challenges and opportunities presented by the global nature of PPP projects.
At the B.C. Public Private Partnerships Forum luncheon, Premier Campbell will describe how PPPs are helping make new and upgraded infrastructure projects practical and affordable for government and taxpayers alike, and what British Columbians can expect from this approach in future.
With a range of views still out there on the effects and impact of PPPs, top business, community and labour leaders will also be invited to voice their opinions during a lively panel session.
For more information on the BC Economic Forum or to register for this half-day event, visit http://www.boardoftrade.com/.
Today I received information about a huge public-private-partnerships conference featuring Premier Gordon Campbell and Richard Abadie, the global head of PriceWaterhouseCoopers’ PPP Advisory Group in Britain, will be held in Vancouver on March 6.
BC currently boasts that there are more than $7.8 billion in P3 projects underway here and claims that California governor Arnold Schwarzenegger is following Campbell's lead by introducing P3 as a solution to that state's fiscal crisis and infrastructure needs, as reported here and in my 24 hours column this month.
And that does not include the up to $60 billion in contracts likely to be given to so-called "independent power producers" for expensive, long-term deals to supply BC Hydro with electricity from run-of-river dams and other power projects, as also reported here and in 24 hours.
Here are the details of an invitation to the conference, which will cost $300 per person for non-members of the Vancouver Board of Trade, which is sponsoring the event.
* * * * * *
B.C. Public Private Partnerships Forum
Top UK expert joins Premier and Partnerships BC Larry Blain
Event: Public Private Partnerships in B.C. Forum
Time: 8:00 am – 2:00 pm
Date: Thursday, March 6, 2008
Place: The Fairmont Hotel Vancouver, BC Ballroom
VANCOUVER, B.C. (Jan. 23, 2008) – With the number of public private partnerships (PPPs) growing as the province embarks on major infrastructure projects, one of the UK’s foremost PPP experts will join Premier Gordon Campbell and Larry Blain, CEO of Partnerships BC, to review British Columbia’s PPP experience to date and examine the future potential of PPP opportunities.
It’s all part of The Vancouver Board of Trade’s annual half-day B.C. Public Private Partnerships Forum (Thursday, March 6 at The Fairmont Hotel Vancouver), which will kick off with a breakfast keynote address by Richard Abadie, the global head of PriceWaterhouseCoopers’ PPP Advisory Group in Britain.
As the size and scope of PPPs grow, attracting the interest of major national and international firms, Abadie will detail what local companies, communities, and economies can expect from PPPs, and will examine the unique challenges and opportunities presented by the global nature of PPP projects.
At the B.C. Public Private Partnerships Forum luncheon, Premier Campbell will describe how PPPs are helping make new and upgraded infrastructure projects practical and affordable for government and taxpayers alike, and what British Columbians can expect from this approach in future.
With a range of views still out there on the effects and impact of PPPs, top business, community and labour leaders will also be invited to voice their opinions during a lively panel session.
For more information on the BC Economic Forum or to register for this half-day event, visit http://www.boardoftrade.com/.
Tuesday, January 22, 2008
BC Liberal government's arrogance is its political Achilles Heel
Bill Tieleman’s 24 Hours Column
Tuesday January 22, 2008
Arrogance can hurt B.C. Libs
BY BILL TIELEMAN
Most of any government's troubles come from trying to uphold the blunders it makes.
The B.C. Liberal government of Premier Gordon Campbell would seem rather secure with the May 2009 election just 16 months away.
A strong economy, a 10-point lead over the New Democratic Party, unity in the ranks and the 2010 winter Olympics on their way - Liberal life looks good.
But Campbell's Liberals have a sizeable Achilles heel that could yet be their downfall - an endless supply of shameless arrogance. Consider these recent examples.
In a province with a shocking 10,500 people homeless and the highest child poverty rate in Canada, Finance Minister Carole Taylor extends the $570 annual homeowner grant to people with houses worth more than $1 million.
The grant was raised to $570 in 2006. Seniors can claim $845 and even owners of homes worth $1.2 million can get a partial grant.
In a January news release, Taylor's crows that increasing the threshold to $1,050,000: "Will ensure the homeowner grant remains as an important support to B.C. families."
The homeless? Well, they need not apply.
Campbell's former deputy minister Ken Dobell is now lobbying the provincial government despite being investigated by a special prosecutor for possible Lobbyists Registration Act violations.
As 24 hours' Sean Holman first reported, Dobell is helping Cubic Transportation Systems, a transit turnstiles company, get a government contract worth tens of millions.
And despite the investigation, Dobell can lobby any official he chooses and has already contacted Transportation Minister Kevin Falcon and the government's public-private-partnerships agency.
Of course, no one would lobby provincial politicians if the B.C. Liberals had not taken over TransLink, the body responsible for all transit in Metro Vancouver, from elected municipal governments.
And the new provincially-appointed, unelected TransLink board of directors announced that all meetings will now be held in secret without the public or media in attendance.
New chair Dale Parker said it is "standard practice" for crown corporations to carry out board meetings in private, even though TransLink is not a crown corporation.
"It's a matter of what can be the most effective process for developing strategic plans and then within it considering the major decisions that have to be made," Parker said.
I guess that's how those responsible for the new Vancouver Convention Centre made such excellent decisions that led to a $388 million cost overrun. And did I mention that Ken Dobell chaired that project's board until last April?
Meanwhile, Campbell personally proved himself no slouch when it comes to arrogance, interfering repeatedly in the independent B.C. Electoral Boundaries Commission's work drawing up new electoral districts.
Never underestimate how fast an arrogant government can alienate voters.
Tuesday January 22, 2008
Arrogance can hurt B.C. Libs
BY BILL TIELEMAN
Most of any government's troubles come from trying to uphold the blunders it makes.
- Bob Edwards, publisher, 1919
The B.C. Liberal government of Premier Gordon Campbell would seem rather secure with the May 2009 election just 16 months away.
A strong economy, a 10-point lead over the New Democratic Party, unity in the ranks and the 2010 winter Olympics on their way - Liberal life looks good.
But Campbell's Liberals have a sizeable Achilles heel that could yet be their downfall - an endless supply of shameless arrogance. Consider these recent examples.
In a province with a shocking 10,500 people homeless and the highest child poverty rate in Canada, Finance Minister Carole Taylor extends the $570 annual homeowner grant to people with houses worth more than $1 million.
The grant was raised to $570 in 2006. Seniors can claim $845 and even owners of homes worth $1.2 million can get a partial grant.
In a January news release, Taylor's crows that increasing the threshold to $1,050,000: "Will ensure the homeowner grant remains as an important support to B.C. families."
The homeless? Well, they need not apply.
Campbell's former deputy minister Ken Dobell is now lobbying the provincial government despite being investigated by a special prosecutor for possible Lobbyists Registration Act violations.
As 24 hours' Sean Holman first reported, Dobell is helping Cubic Transportation Systems, a transit turnstiles company, get a government contract worth tens of millions.
And despite the investigation, Dobell can lobby any official he chooses and has already contacted Transportation Minister Kevin Falcon and the government's public-private-partnerships agency.
Of course, no one would lobby provincial politicians if the B.C. Liberals had not taken over TransLink, the body responsible for all transit in Metro Vancouver, from elected municipal governments.
And the new provincially-appointed, unelected TransLink board of directors announced that all meetings will now be held in secret without the public or media in attendance.
New chair Dale Parker said it is "standard practice" for crown corporations to carry out board meetings in private, even though TransLink is not a crown corporation.
"It's a matter of what can be the most effective process for developing strategic plans and then within it considering the major decisions that have to be made," Parker said.
I guess that's how those responsible for the new Vancouver Convention Centre made such excellent decisions that led to a $388 million cost overrun. And did I mention that Ken Dobell chaired that project's board until last April?
Meanwhile, Campbell personally proved himself no slouch when it comes to arrogance, interfering repeatedly in the independent B.C. Electoral Boundaries Commission's work drawing up new electoral districts.
Never underestimate how fast an arrogant government can alienate voters.
Tuesday, January 15, 2008
California's Terminator can’t beat BC’s Premier Fabricator on P3s!
P3 'success' just a big hoax
By Bill Tieleman
I congratulate Governor Schwarzenegger on his commitment to public-private partnership. In B.C., public-private partnerships ... have driven millions in taxpayer benefits.
I congratulate Governor Schwarzenegger on his commitment to public-private partnership. In B.C., public-private partnerships ... have driven millions in taxpayer benefits.
California governor Arnold Schwarzenegger may also be Hollywood's fearsome Terminator but when it comes to politics, he's met his match in British Columbia's Gordon Campbell - the Premier Fabricator!
Last week, Schwarzenegger told Californians that, thanks to Campbell, he had the solution to their massive $14-billion budget deficit and $500-billion infrastructure needs - public-private partnerships or P3s like those used in B.C.
But there's only one problem - the Premier Fabricator has pulled the wool over the Terminator's eyes about the alleged success of P3s.
And if Arnie follows Gordo's advice, California voters may say "hasta la vista, baby" on Judgment Day, the next state election.
Here's why: Despite Campbell's boasts, public-private partnerships don't work.
In the vast majority of examples here in B.C. and elsewhere, the costs are higher as the public gets hosed to provide private corporations with substantial profits.
Look at some of B.C.'s own bad examples.
The Abbotsford Hospital and Cancer Centre was to cost $211 million under the original P3 budget and open in 2005 - the current estimated cost is $355 million, a 68 per cent jump, and it will open this year instead.
The William Bennett Bridge in Kelowna - priced at $100 million, now estimated at $170 million, up 70 per cent.
The rapid transit Canada Line to the airport was budgeted at $1.55 billion but will now cost $2 billion, or 29 per cent more.
Or look to Brampton, Ont., which was promised a new P3 hospital with 608 beds for $350 million. It now has a hospital with just 479 beds for $550 million.
The higher costs only makes sense because can any corporation, even the world's largest, borrow money at lower interest rates than a government? Of course not, but these enormous capital projects require significant loans to be completed.
The real reason governments use P3s is to take public infrastructure costs off their books and falsely claim they are balancing budgets and reducing debt. In reality they are borrowing money at higher rates over longer periods of time than if they had done them as public projects.
Schwarzenegger admits P3s could be a problem in California.
"Right now, it's such a new concept for our legislators that they're not there yet 100 per cent," the governor said Nov. 27. "They're concerned about it, they're suspicious about it, what it means, and so I think it will take a bit of time."
Watch out, Terminator! The Premier Fabricator may not be a muscle-bound cyborg, but when it comes to using P3s to separate taxpayers from their money, he knows no equal.
Monday, January 14, 2008
Basi-Virk delayed yet again - until January 28
In an all-too familiar move, the pre-trial hearing on the BC Legislature Raid case has been adjourned yet again - this time until January 28.
I was unable to attend BC Supreme Court at 10 a.m. but the session was so short that there wouldn't be much more to report here even if I did.
The Vancouver Sun's Neal Hall was there and reports that Justice Elizabeth Bennett gave Special Prosecutor Bill Berardino until this Friday to respond to a defence request regarding documents connected to the BC Rail privatization.
Hall says Bennett told the defence and Crown she is prepared to sit "as long as we need to" on January 28 and 29 to resolve disclosure issues.
The trial is scheduled to begin on March 17 but an appeal by the Special Prosecutor over Bennett's ruling that the defence could be in court to hear testimony from a secret witness could - guess - delay it again.
UPDATE - January 15
I've just learned that the BC Supreme Court session will begin at 9 a.m., not the usual 10 a.m., and may go late as well.
Justice Bennett is apparently intent on resolving the disclosure issues in this two-day session.
I was unable to attend BC Supreme Court at 10 a.m. but the session was so short that there wouldn't be much more to report here even if I did.
The Vancouver Sun's Neal Hall was there and reports that Justice Elizabeth Bennett gave Special Prosecutor Bill Berardino until this Friday to respond to a defence request regarding documents connected to the BC Rail privatization.
Hall says Bennett told the defence and Crown she is prepared to sit "as long as we need to" on January 28 and 29 to resolve disclosure issues.
The trial is scheduled to begin on March 17 but an appeal by the Special Prosecutor over Bennett's ruling that the defence could be in court to hear testimony from a secret witness could - guess - delay it again.
UPDATE - January 15
I've just learned that the BC Supreme Court session will begin at 9 a.m., not the usual 10 a.m., and may go late as well.
Justice Bennett is apparently intent on resolving the disclosure issues in this two-day session.
Wednesday, January 09, 2008
NDP alleges Basi-Virk trial will be delayed by BC Liberal government blocking disclosure of evidence sought by defence
January 10, 2008
Gov't dragging its heels, says NDP
By BILL TIELEMAN, 24 HOURS COLUMNIST
The B.C. New Democratic Party opposition is alleging the B.C. Liberal government is forcing the delay of a March trial for two former ministerial aides facing breach of trust charges by refusing to disclose evidence requested by the defendants’ lawyers.
Nanaimo NDP MLA Leonard Krog charged Wednesday the government is wrongly claiming solicitor-client privilege for political reasons over documents related to the $1 billion privatization of BC Rail.
David Basi and Bob Virk are charged with giving confidential government documents to a lobbyist representing one of the bidders.
“I can’t imagine any harm being done to anyone by the disclosure of business advice given to the provincial government except for the political harm that would fall on Gordon Campbell,” Krog said in an interview. “This has all the appearance of political whitewash.”
Campbell’s Press Secretary Mike Morton said Wednesday the premier has declined comment on any matters regarding the case while it is before the court.
The defence seeks 17 documents which came from the legal firm hired by the government to work on the B.C. Rail deal, saying they are only business advice and should not be classified as solicitor-client privilege.
Justice Elizabeth Bennett adjourned Wednesday’s B.C. Supreme Court pre-trial hearing until January 14 shortly after it began.
Information not published in 24 hours
Krog said the government should be held responsible if the trial is delayed - it is scheduled to begin March 17 after several delays. The B.C. Legislature was raided by police investigating the case on December 28, 2003.
“The problem is clearly on the government side where they are attempting to keep documents from the defence,” said Krog, who is a lawyer and NDP critic for the Attorney-General’s ministry.
Krog said the premier should not allow documents to be withheld on the basis of solicitor-client privilege because of the importance of the case.
“This was not a grow-op raid – this was a raid on the offices of cabinet ministers. This is not an ordinary prosecution and if there was ever a case where public interest trumps solicitor-client privilege, this is it,” Krog said. “And if this is the premier’s idea of cooperation, I’d hate to see him if he was resisting.”
“This wasn’t Gordon Campbell’s railway – it was our railway and the government broke a specific election promise and has no right now to say ‘It’s secret and none of your business’,” he added.
The court pre-trial hearing was adjourned to give the defence additional time to review materials presented to them by George Copley, the government’s lawyer, regarding the solicitor-client privilege issue.
Gov't dragging its heels, says NDP
By BILL TIELEMAN, 24 HOURS COLUMNIST
The B.C. New Democratic Party opposition is alleging the B.C. Liberal government is forcing the delay of a March trial for two former ministerial aides facing breach of trust charges by refusing to disclose evidence requested by the defendants’ lawyers.
Nanaimo NDP MLA Leonard Krog charged Wednesday the government is wrongly claiming solicitor-client privilege for political reasons over documents related to the $1 billion privatization of BC Rail.
David Basi and Bob Virk are charged with giving confidential government documents to a lobbyist representing one of the bidders.
“I can’t imagine any harm being done to anyone by the disclosure of business advice given to the provincial government except for the political harm that would fall on Gordon Campbell,” Krog said in an interview. “This has all the appearance of political whitewash.”
Campbell’s Press Secretary Mike Morton said Wednesday the premier has declined comment on any matters regarding the case while it is before the court.
The defence seeks 17 documents which came from the legal firm hired by the government to work on the B.C. Rail deal, saying they are only business advice and should not be classified as solicitor-client privilege.
Justice Elizabeth Bennett adjourned Wednesday’s B.C. Supreme Court pre-trial hearing until January 14 shortly after it began.
Information not published in 24 hours
Krog said the government should be held responsible if the trial is delayed - it is scheduled to begin March 17 after several delays. The B.C. Legislature was raided by police investigating the case on December 28, 2003.
“The problem is clearly on the government side where they are attempting to keep documents from the defence,” said Krog, who is a lawyer and NDP critic for the Attorney-General’s ministry.
Krog said the premier should not allow documents to be withheld on the basis of solicitor-client privilege because of the importance of the case.
“This was not a grow-op raid – this was a raid on the offices of cabinet ministers. This is not an ordinary prosecution and if there was ever a case where public interest trumps solicitor-client privilege, this is it,” Krog said. “And if this is the premier’s idea of cooperation, I’d hate to see him if he was resisting.”
“This wasn’t Gordon Campbell’s railway – it was our railway and the government broke a specific election promise and has no right now to say ‘It’s secret and none of your business’,” he added.
The court pre-trial hearing was adjourned to give the defence additional time to review materials presented to them by George Copley, the government’s lawyer, regarding the solicitor-client privilege issue.
Tuesday, January 08, 2008
Privatization of BC Hydro's power production will cost you billions - new book Liquid Gold shows
The B.C. Grits' great golden age
Bill Tieleman’s 24 Hours Column
Tuesday January 8, 2008
I hope that I am not the only member in the house alarmed by this road now taken towards the privatization of B.C. Hydro.
Did you know that the B.C. Liberal government has undertaken the most massive privatization in Canadian history, worth up to $60 billion?
Did you know that B.C. Hydro is already paying more for the 10 per cent of electricity produced by private energy corporations than the 90 per cent supplied through public power facilities?
And did you know that provincial electricity rates will likely double and even triple because of the government's decision to privatize future energy production?
Probably not, but those facts are convincingly laid out in a new book about what author John Calvert argues is B.C.'s impending electricity disaster.
Liquid Gold: Energy Privatization in British Columbia [Fernwood Publishing, $24.95] explains how the government has quietly privatized electricity production, taking that role away from publicly owned B.C. Hydro and giving it to multinational corporations and friends of the B.C. Liberal Party.
It's an ironic tale, given that right-wing former Social Credit premier W.A.C. Bennett nationalized private electricity production in B.C. in 1962 to create publicly-owned B.C. Hydro and now Premier Gordon Campbell is reversing a move which gave the province the second-lowest power rates in North America.
Calvert outlines an almost-secret policy: He shows that B.C. Hydro's residential consumers are subsidizing the construction of private power facilities by paying higher electrical rates - and that once these high-cost contracts end, the companies can export their power to U.S. markets.
Liquid Gold shows that long-term contracts signed by B.C. Hydro with so-called "independent power producers" are already worth $15.6 billion for just one-third of future energy needs.
If the other two-thirds also come from IPPs as planned, the total cost could exceed $60 billion.
And that will mean skyrocketing B.C. Hydro rates as our power supply eventually becomes part of the continental energy market, where consumers in San Francisco already pay triple B.C.'s electricity rates.
Calvert, a Simon Fraser University professor, says the story hasn't gotten the attention it deserves because the B.C. government has deliberately obscured it by talking about buying "green" power rather than privatization.
But Calvert says that wind power and run-of-the-river projects are often environmentally problematic and are not being adequately regulated.
And the book also shows that between 1994 and 2006 alone, B.C. Hydro provided the government with $8.8 billion in revenue.
Sadly, Calvert fears the energy privatization may soon be irreversible due to long-term contracts and international trade agreement restrictions.
[Disclosure: I provided Calvert with my master's thesis on B.C. Hydro and he is a board member of B.C. Citizens for Public Power, one of my clients.]
Bill Tieleman’s 24 Hours Column
Tuesday January 8, 2008
I hope that I am not the only member in the house alarmed by this road now taken towards the privatization of B.C. Hydro.
- former B.C. Liberal MLA Paul Nettleton, 2002
Did you know that the B.C. Liberal government has undertaken the most massive privatization in Canadian history, worth up to $60 billion?
Did you know that B.C. Hydro is already paying more for the 10 per cent of electricity produced by private energy corporations than the 90 per cent supplied through public power facilities?
And did you know that provincial electricity rates will likely double and even triple because of the government's decision to privatize future energy production?
Probably not, but those facts are convincingly laid out in a new book about what author John Calvert argues is B.C.'s impending electricity disaster.
Liquid Gold: Energy Privatization in British Columbia [Fernwood Publishing, $24.95] explains how the government has quietly privatized electricity production, taking that role away from publicly owned B.C. Hydro and giving it to multinational corporations and friends of the B.C. Liberal Party.
It's an ironic tale, given that right-wing former Social Credit premier W.A.C. Bennett nationalized private electricity production in B.C. in 1962 to create publicly-owned B.C. Hydro and now Premier Gordon Campbell is reversing a move which gave the province the second-lowest power rates in North America.
Calvert outlines an almost-secret policy: He shows that B.C. Hydro's residential consumers are subsidizing the construction of private power facilities by paying higher electrical rates - and that once these high-cost contracts end, the companies can export their power to U.S. markets.
Liquid Gold shows that long-term contracts signed by B.C. Hydro with so-called "independent power producers" are already worth $15.6 billion for just one-third of future energy needs.
If the other two-thirds also come from IPPs as planned, the total cost could exceed $60 billion.
And that will mean skyrocketing B.C. Hydro rates as our power supply eventually becomes part of the continental energy market, where consumers in San Francisco already pay triple B.C.'s electricity rates.
Calvert, a Simon Fraser University professor, says the story hasn't gotten the attention it deserves because the B.C. government has deliberately obscured it by talking about buying "green" power rather than privatization.But Calvert says that wind power and run-of-the-river projects are often environmentally problematic and are not being adequately regulated.
And the book also shows that between 1994 and 2006 alone, B.C. Hydro provided the government with $8.8 billion in revenue.
Sadly, Calvert fears the energy privatization may soon be irreversible due to long-term contracts and international trade agreement restrictions.
[Disclosure: I provided Calvert with my master's thesis on B.C. Hydro and he is a board member of B.C. Citizens for Public Power, one of my clients.]
Monday, January 07, 2008
Basi-Virk: more delay, new disclosure application as Crown appeals secret witness ruling, defence says case has "more paper" than Air India or Pickton
The long-awaited trial of David Basi, Bob Virk and Aneal Basi in the BC Legislature raid case may face further delays and not start in March as planned, it became clear today in BC Supreme Court.
And an exasperated defence lawyer complained that the Basi-Virk case now has "more paper" - documents entered as potential evidence - than either the Air India bombing trial or the Robert "Willie" Pickton murder trial!
Two new developments - one from the Special Prosecutor, one from the defence - could further push back the trial, which has suffered from lengthy delays already.
Special Prosecutor Bill Berardino is appealing a decision of BC Supreme Court Justice Elizabeth Bennett to allow defence lawyers to be present when a secret witness who is a police informer testifies. Berardino will take that fight to the BC Court of Appeal but the timing and length of that hearing are as yet unknown.
The defence has also filed another application for disclosure of evidence, arguing that the Crown has not provided information needed to prepare a full defence against charges of breach of trust, fraud and money laundering against the former BC Liberal government aides.
I was in BC Supreme Court for a short period today, just long enough to hear Berardino tell Bennett: "We need a week plus a couple of days to comply with most of this. I suggest we return January 16 if it's alright with your ladyship."
"I thnk we need to back up a bit so I can see what issues are outstanding," Bennett replied.
In the end Bennett decided court will resume pre-trial hearings Wednesday January 9 to complete the issue of BC government claims of solicitor-client privilege over documents related to the $1 billion privatization of BC Rail - documents the defence wants turned over.
And then a pre-trial hearing on BC Rail "vets" - a review of BC Rail documents to see which are relevant to the case - and on a notice of motion - will resume on Thursday January 17.
Bennett also heard a complaint from Kevin McCullough, lawyer for Bob Virk, that the defence is being swamped by massive disclosures of documents.
McCullough said the defence has received more than 45,000 pages of evidence from the Crown since October 22, following 12,000 in July. The court has previously heard that there are more than 100,000 pages of evidence.
McCullough told Bennett that this case now has more documents than either the Air India bombing trial or the Willie Pickton trial for the murder of six women from the downtown eastside - both lengthy and complicated cases.
The veteran criminal lawyer said he cannot read more than 1000 pages a day - 500 if they are reviewed comprehensively.
Meanwhile, I have been able to piece together some information on the Monday December 17, 2007 court session.
As you may know, there were no reporters present and no stories filed - regrettably I was unable to attend myself. The Canadian Press has almost religiously covered the pre-trial hearings but no reports were issued for that day.
My understanding is that arguments continued on the issue of the BC government claiming solicitor client privilege over BC Rail documents the defence is seeking access to.
As noted in my earlier reports, the defence has argued that Bob Virk, through his position as Ministerial Assistant to the Minister of Transportation and an attendee at BC Rail Evaluation Committee meetings, saw these documents previously but is now denied copies for his defence.
Government lawyer George Copley has yet to respond to those defence arguments but is expected to do so Wednesday January 9.
Lastly, Justice Elizabeth Bennett has ruled that the defence lawyers could remain in the courtroom to hear the testimony of the secret witness-police informer but has not published reasons for that ruling, which, as mentioned above, will be appealed by the Special Prosecutor.
And an exasperated defence lawyer complained that the Basi-Virk case now has "more paper" - documents entered as potential evidence - than either the Air India bombing trial or the Robert "Willie" Pickton murder trial!
Two new developments - one from the Special Prosecutor, one from the defence - could further push back the trial, which has suffered from lengthy delays already.
Special Prosecutor Bill Berardino is appealing a decision of BC Supreme Court Justice Elizabeth Bennett to allow defence lawyers to be present when a secret witness who is a police informer testifies. Berardino will take that fight to the BC Court of Appeal but the timing and length of that hearing are as yet unknown.
The defence has also filed another application for disclosure of evidence, arguing that the Crown has not provided information needed to prepare a full defence against charges of breach of trust, fraud and money laundering against the former BC Liberal government aides.
I was in BC Supreme Court for a short period today, just long enough to hear Berardino tell Bennett: "We need a week plus a couple of days to comply with most of this. I suggest we return January 16 if it's alright with your ladyship."
"I thnk we need to back up a bit so I can see what issues are outstanding," Bennett replied.
In the end Bennett decided court will resume pre-trial hearings Wednesday January 9 to complete the issue of BC government claims of solicitor-client privilege over documents related to the $1 billion privatization of BC Rail - documents the defence wants turned over.
And then a pre-trial hearing on BC Rail "vets" - a review of BC Rail documents to see which are relevant to the case - and on a notice of motion - will resume on Thursday January 17.
Bennett also heard a complaint from Kevin McCullough, lawyer for Bob Virk, that the defence is being swamped by massive disclosures of documents.
McCullough said the defence has received more than 45,000 pages of evidence from the Crown since October 22, following 12,000 in July. The court has previously heard that there are more than 100,000 pages of evidence.
McCullough told Bennett that this case now has more documents than either the Air India bombing trial or the Willie Pickton trial for the murder of six women from the downtown eastside - both lengthy and complicated cases.
The veteran criminal lawyer said he cannot read more than 1000 pages a day - 500 if they are reviewed comprehensively.
Meanwhile, I have been able to piece together some information on the Monday December 17, 2007 court session.
As you may know, there were no reporters present and no stories filed - regrettably I was unable to attend myself. The Canadian Press has almost religiously covered the pre-trial hearings but no reports were issued for that day.
My understanding is that arguments continued on the issue of the BC government claiming solicitor client privilege over BC Rail documents the defence is seeking access to.
As noted in my earlier reports, the defence has argued that Bob Virk, through his position as Ministerial Assistant to the Minister of Transportation and an attendee at BC Rail Evaluation Committee meetings, saw these documents previously but is now denied copies for his defence.
Government lawyer George Copley has yet to respond to those defence arguments but is expected to do so Wednesday January 9.
Lastly, Justice Elizabeth Bennett has ruled that the defence lawyers could remain in the courtroom to hear the testimony of the secret witness-police informer but has not published reasons for that ruling, which, as mentioned above, will be appealed by the Special Prosecutor.
Friday, January 04, 2008
Basi-Virk case witnesses will include members of Paul Martin Liberal Leadership BC Team
The upcoming trial of David Basi, Bob Virk and Aneal Basi this year will feature a number of connections to the past federal Liberal Party leadership campaign in British Columbia of former Prime Minister Paul Martin.
While no aspersions should be cast on Martin or his BC team, and none of those members are facing any charges, it is interesting to note that several individuals are expected to be called as witnesses, including key Crown witness Erik Bornmann, who was responsible for "Operations" on the campaign and was also a federal Liberal Party in BC executive member.
Bornmann is alleged in police documents to have bribed David Basi and Bob Virk to get confidential BC government information about the $1 billion BC Rail privatization. Bornmann and Brian Kieran, another Crown witness, were lobbyists acting for OmniTRAX, one of the BC Rail bidders.
This organizational chart for the Paul Martin Liberal Leadership - BC Team was obtained by me in 2004 and has been written about in my past columns for the Georgia Straight newspaper but has never been published before now.
[CLICK on chart for larger version]
Others listed here include Bruce Clark, whose home was searched by police, who alleged in "information to obtain" documents that they expected to find confidential BC Rail documents there. Clark was also an executive member of the federal Liberals in BC; Mark Marissen, the strategist credited with Stephane Dion's upset Liberal leadership win and now federal Liberal national campaign co-chair, who was visited by police and who has publicly stated he gave them documents that he thought may have been helpful; and Amar Bajwa, a federal Liberal organizer who defended David Basi in the days after the BC Legislature raid and was membership chair in Vancouver South when then-Liberal cabinet minister Herb Dhaliwal lost control of his riding. Bajwa and Clark's names were also "identified" in police ITO documents but were not under investigation, the ITO said.
Dhaliwal publicly blamed David Basi for that takeover by Martin forces. Basi was also very active in the Martin campaign but is not listed on this chart.
While no aspersions should be cast on Martin or his BC team, and none of those members are facing any charges, it is interesting to note that several individuals are expected to be called as witnesses, including key Crown witness Erik Bornmann, who was responsible for "Operations" on the campaign and was also a federal Liberal Party in BC executive member.
Bornmann is alleged in police documents to have bribed David Basi and Bob Virk to get confidential BC government information about the $1 billion BC Rail privatization. Bornmann and Brian Kieran, another Crown witness, were lobbyists acting for OmniTRAX, one of the BC Rail bidders.
This organizational chart for the Paul Martin Liberal Leadership - BC Team was obtained by me in 2004 and has been written about in my past columns for the Georgia Straight newspaper but has never been published before now.
[CLICK on chart for larger version]
Others listed here include Bruce Clark, whose home was searched by police, who alleged in "information to obtain" documents that they expected to find confidential BC Rail documents there. Clark was also an executive member of the federal Liberals in BC; Mark Marissen, the strategist credited with Stephane Dion's upset Liberal leadership win and now federal Liberal national campaign co-chair, who was visited by police and who has publicly stated he gave them documents that he thought may have been helpful; and Amar Bajwa, a federal Liberal organizer who defended David Basi in the days after the BC Legislature raid and was membership chair in Vancouver South when then-Liberal cabinet minister Herb Dhaliwal lost control of his riding. Bajwa and Clark's names were also "identified" in police ITO documents but were not under investigation, the ITO said.
Dhaliwal publicly blamed David Basi for that takeover by Martin forces. Basi was also very active in the Martin campaign but is not listed on this chart.
Friday, December 28, 2007
BC Legislature Raid was 4 years ago today - and still no trial
It is exceedingly hard to believe that the dramatic televised news of a police raid on the British Columbia Legislature was four years ago today - December 28, 2003 - and yet the trial of former BC Liberal government ministerial aides Dave Basi and Bob Virk and communications staffer Aneal Basi has still not taken place in BC Supreme Court.
I well remember that day. On vacation in Seattle, my cell phone suddenly started to ring constantly. When I finally answered I discovered the Legislature had been raided and that the offices of Dave Basi and Bob Virk were the targets.
The reason my cell phone was inundated with calls was because I had profiled Basi in my October 2, 2003 column in the Georgia Straight newspaper for a piece on all the connections between the federal Paul Martin Liberals and the Gordon Campbell provincial Liberals.
Every reporter who Googled Dave Basi got that column in their search.
Interestingly, as you read this piece over four years later, the number of players mentioned who were subsequently implicated in some way in this case is amazing, including key Crown witnesses Erik Bornmann and Brian Kieran.
So, as an ironic look back in time to just weeks before the raid, here is that column. Most of those with connections to the case are named in the second half of the column.
[Canadian Press reporter Camille Bains, one of the regulars at BC Supreme Court room 54, has done a good wrap-up look at the BC Legislature Raid case. Regrettably, neither the Vancouver Sun nor Province has noted this remarkable anniversary in their editions today, nor printed Camille's piece.]
The Basi-Virk trial is scheduled to begin in March 2008 and the pre-trial hearings will resume January 7, 2008. As always, stay tuned for more on this blog in the new year.
Bill Tieleman’s Georgia Straight Political Connections column
Oct 2-9, 2003
Local "Liberals" Prime B.C. for Martinizing
By Bill Tieleman
After promising to reverse the course of the hated Tory government, Paul Martin actually went on to embrace the policies of that administration with breathtaking enthusiasm, refashioning the role of government to an extent never dared by Brian Mulroney.
- Murray Dobbin, Paul Martin: CEO for Canada?
Forget "unite the right" merger talks between the Canadian Alliance and the Progressive Conservative Party.
A far more powerful right-wing alliance is being forged by two other political parties: the Paul Martin Liberal party of Canada and the B.C. Liberal party of Premier Gordon Campbell.
Unlike the loveless union that would result from a shotgun wedding between Alliance leader Stephen Harper and Conservative leader Peter McKay, the Paul Martin-Gordon Campbell match is a joyful political same-sex marriage.
The connections between the federal Liberal Martinites and their B.C. Liberal counterparts are legion, though neither side is publicly announcing the love that dare not speak its name.
But from deputy premier Christy Clark on down, the B.C. Liberals are loaded with Martin disciples eager to help see Paul ascend to his rightful place as prime minister, stepping over the bodies of Jean Chrétien, Sheila Copps, and others who thwarted him.
Both Liberal parties see much to gain. The financially destitute B.C. Liberals, officially a separate party, desperately need money from Martin for projects they can't afford themselves.
The federal party needs provincial party help to elect more B.C. MPs.
The B.C. Liberals, of course, are "liberal" in name only. After the 1996 election choke, Gordon Campbell realized he needed the provincial Reform party's 10-percent vote for a Liberal win.
So he courted B.C. Reformers (and former Social Credit followers) like Richard Neufeld, now energy and mines minister, and Martyn Brown, now Campbell's chief of staff, to join his Liberal fold.
Then Campbell sold his liberal soul to win redneck votes, attacking the historic Nisga'a treaty and promising a divisive referendum on aboriginal treaties.
Paul Martin, for his part, will become the most right-wing federal Liberal leader ever. Author Murray Dobbin's new book, Paul Martin: CEO for Canada?, argues that Martin will easily displace former Conservative PM Brian Mulroney as Canada's farthest-right prime minister.
Dobbin's book makes a convincing case that Martin is a Gordon Campbell for all of Canada. For example, Martin waxed eloquent in his 1995 budget speech about slashing social-program spending down to levels not seen since the days when men wore fedoras and drove Studebakers.
"Relative to the size of our economy, program spending will be lower in 1996-97 than at any time since 1951," Martin extolled. Dobbin says that while Mulroney cut federal social-program funding by 25 percent over nine years, Martin axed it a further 40 percent in just four years.
B.C. suffered big time from the Martin cuts of the 1990s, losing at least $2.5 billion in health and social-program funding.
But Martin's B.C. campaign team still thinks Paul is the province's best friend. Led by Education Minister Clark's husband, Mark Marissen of Burrard Communications, the Martinites are a controversial group of Liberals, many working for Martin since his 1990 leadership loss to Chrétien.
Marissen is a communications consultant who has done well through the patronage of his former boss, Environment Minister David Anderson, and Martin.
A "BC Campaign Structure" federal Liberal document leaked to the Georgia Straight reveals another key member of the Martinite team with deep B.C. Liberal roots.
Former Paul Martin aide Erik Bornmann is a provincial lobbyist with Pilothouse Public Affairs Group, started by former Vancouver Province political columnist Brian Kieran. The Martin document shows Bornmann in charge of "operations".
The Pilothouse Web site says Bornmann has "over a decade of political experience inside both the B.C. Liberal Party and Liberal Party of Canada, serving in advisory and elected director capacities". Bornmann apparently earned the nickname "Spider-Man" for daring, gravity-defying feats connected to the federal Liberal membership.
Another key Martinite active in both Liberal parties is also a Pilothouse lobbyist. Jamie Elmhirst is a former David Anderson aide who recently served as ministerial assistant to Joyce Murray, B.C. Minister of Water, Land and Air Protection, after years with the B.C. Liberals in opposition.
Victoria insiders say that up to 60 percent of B.C. Liberal political staff are Martinites, including David Basi, ministerial assistant to Finance Minister Gary Collins.
The Marissen-Clark family connection with Martin is further cemented by Bruce Clark, Christy's brother, who serves on the Liberal Party of Canada's B.C. executive.
But despite media fawning over Martin's vaunted B.C. machine, a Liberal source says leadership voter turnout languished below 25 percent of the estimated 44,000 party members. That number raises questions about Marissen's ability to pull the vote when it really matters: the federal election expected by May 2004.
Speculation is rampant that several current B.C. Liberal MLAs, including Christy Clark, will run for the federal Liberal Party in that election, forcing multiple provincial byelections should they win. More on the Martinizing of British Columbia in a future column.
I well remember that day. On vacation in Seattle, my cell phone suddenly started to ring constantly. When I finally answered I discovered the Legislature had been raided and that the offices of Dave Basi and Bob Virk were the targets.
The reason my cell phone was inundated with calls was because I had profiled Basi in my October 2, 2003 column in the Georgia Straight newspaper for a piece on all the connections between the federal Paul Martin Liberals and the Gordon Campbell provincial Liberals.
Every reporter who Googled Dave Basi got that column in their search.
Interestingly, as you read this piece over four years later, the number of players mentioned who were subsequently implicated in some way in this case is amazing, including key Crown witnesses Erik Bornmann and Brian Kieran.
So, as an ironic look back in time to just weeks before the raid, here is that column. Most of those with connections to the case are named in the second half of the column.
[Canadian Press reporter Camille Bains, one of the regulars at BC Supreme Court room 54, has done a good wrap-up look at the BC Legislature Raid case. Regrettably, neither the Vancouver Sun nor Province has noted this remarkable anniversary in their editions today, nor printed Camille's piece.]
The Basi-Virk trial is scheduled to begin in March 2008 and the pre-trial hearings will resume January 7, 2008. As always, stay tuned for more on this blog in the new year.
* * * * *
Bill Tieleman’s Georgia Straight Political Connections column
Oct 2-9, 2003
Local "Liberals" Prime B.C. for Martinizing
By Bill Tieleman
After promising to reverse the course of the hated Tory government, Paul Martin actually went on to embrace the policies of that administration with breathtaking enthusiasm, refashioning the role of government to an extent never dared by Brian Mulroney.
- Murray Dobbin, Paul Martin: CEO for Canada?
Forget "unite the right" merger talks between the Canadian Alliance and the Progressive Conservative Party.
A far more powerful right-wing alliance is being forged by two other political parties: the Paul Martin Liberal party of Canada and the B.C. Liberal party of Premier Gordon Campbell.
Unlike the loveless union that would result from a shotgun wedding between Alliance leader Stephen Harper and Conservative leader Peter McKay, the Paul Martin-Gordon Campbell match is a joyful political same-sex marriage.
The connections between the federal Liberal Martinites and their B.C. Liberal counterparts are legion, though neither side is publicly announcing the love that dare not speak its name.
But from deputy premier Christy Clark on down, the B.C. Liberals are loaded with Martin disciples eager to help see Paul ascend to his rightful place as prime minister, stepping over the bodies of Jean Chrétien, Sheila Copps, and others who thwarted him.
Both Liberal parties see much to gain. The financially destitute B.C. Liberals, officially a separate party, desperately need money from Martin for projects they can't afford themselves.
The federal party needs provincial party help to elect more B.C. MPs.
The B.C. Liberals, of course, are "liberal" in name only. After the 1996 election choke, Gordon Campbell realized he needed the provincial Reform party's 10-percent vote for a Liberal win.
So he courted B.C. Reformers (and former Social Credit followers) like Richard Neufeld, now energy and mines minister, and Martyn Brown, now Campbell's chief of staff, to join his Liberal fold.
Then Campbell sold his liberal soul to win redneck votes, attacking the historic Nisga'a treaty and promising a divisive referendum on aboriginal treaties.
Paul Martin, for his part, will become the most right-wing federal Liberal leader ever. Author Murray Dobbin's new book, Paul Martin: CEO for Canada?, argues that Martin will easily displace former Conservative PM Brian Mulroney as Canada's farthest-right prime minister.
Dobbin's book makes a convincing case that Martin is a Gordon Campbell for all of Canada. For example, Martin waxed eloquent in his 1995 budget speech about slashing social-program spending down to levels not seen since the days when men wore fedoras and drove Studebakers.
"Relative to the size of our economy, program spending will be lower in 1996-97 than at any time since 1951," Martin extolled. Dobbin says that while Mulroney cut federal social-program funding by 25 percent over nine years, Martin axed it a further 40 percent in just four years.
B.C. suffered big time from the Martin cuts of the 1990s, losing at least $2.5 billion in health and social-program funding.
But Martin's B.C. campaign team still thinks Paul is the province's best friend. Led by Education Minister Clark's husband, Mark Marissen of Burrard Communications, the Martinites are a controversial group of Liberals, many working for Martin since his 1990 leadership loss to Chrétien.
Marissen is a communications consultant who has done well through the patronage of his former boss, Environment Minister David Anderson, and Martin.
A "BC Campaign Structure" federal Liberal document leaked to the Georgia Straight reveals another key member of the Martinite team with deep B.C. Liberal roots.
Former Paul Martin aide Erik Bornmann is a provincial lobbyist with Pilothouse Public Affairs Group, started by former Vancouver Province political columnist Brian Kieran. The Martin document shows Bornmann in charge of "operations".
The Pilothouse Web site says Bornmann has "over a decade of political experience inside both the B.C. Liberal Party and Liberal Party of Canada, serving in advisory and elected director capacities". Bornmann apparently earned the nickname "Spider-Man" for daring, gravity-defying feats connected to the federal Liberal membership.
Another key Martinite active in both Liberal parties is also a Pilothouse lobbyist. Jamie Elmhirst is a former David Anderson aide who recently served as ministerial assistant to Joyce Murray, B.C. Minister of Water, Land and Air Protection, after years with the B.C. Liberals in opposition.
Victoria insiders say that up to 60 percent of B.C. Liberal political staff are Martinites, including David Basi, ministerial assistant to Finance Minister Gary Collins.
The Marissen-Clark family connection with Martin is further cemented by Bruce Clark, Christy's brother, who serves on the Liberal Party of Canada's B.C. executive.
But despite media fawning over Martin's vaunted B.C. machine, a Liberal source says leadership voter turnout languished below 25 percent of the estimated 44,000 party members. That number raises questions about Marissen's ability to pull the vote when it really matters: the federal election expected by May 2004.
Speculation is rampant that several current B.C. Liberal MLAs, including Christy Clark, will run for the federal Liberal Party in that election, forcing multiple provincial byelections should they win. More on the Martinizing of British Columbia in a future column.
Sunday, December 23, 2007
Merry Christmas to all!
My very best wishes for a Merry Christmas and wonderful holiday season to all my readers, posters and friends!
I will try to keep up with your postings as best as possible over the holidays but there will be some delays as we enjoy Christmas with family.
Cheers to all,
Bill Tieleman
Friday, December 21, 2007
FOI shows Public Affairs Bureau officer reported to BC government on Basi-Virk case about NDP MLAs, Gary Collins' lawyer at Court - but what was cut?
Report shows gov't followed trial
BASI-VIRK
By BILL TIELEMAN, 24 HOURS
A Public Affairs Bureau officer reported to the B.C. government about media questions and the attendance of NDP MLAs and a lawyer representing former B.C. Liberal Finance Minister Gary Collins at pre-trial hearings in the B.C. Legislature raid case, a 24 hours Freedom Of Information request shows.
24 hours first disclosed Stuart Chase's attendance in May 14 and it became the topic of an entire question period in the B.C. Legislature, with Attorney-General Wally Oppal wrongly insisting Chase's duties were to assist the media and public but refusing to release his reports.
In fact, the 100-page FOI of Chase's reports and notes shows that he told the government who attended court and what questions media asked prosecutors and defence, as well as extensively detailing the case, in which former provincial aides David Basi and Bob Virk face breach of trust charges related to the 2003 privatization of B.C. Rail.
"Note that two NDP MLAs were in and out of the courtroom today, taking notes on what was being said," the April 27 report reads. "As far as the media is concerned, other than talking amongst themselves about the AG's new nickname, there were no comments or questions from media after the hearing today."
Oppal's nickname became "StoneWally" for not answering questions.
And Chase kept an eye out for 24 hours.
"The Canucks/GM Place ownership trial has started today, and it's creating a media frenzy that's dividing attentions away from the Basi trial. Bill Tielman, [sic] even, has barely been in the court room," reads Chase's April 30th report.
The FOI request had many sections removed.
24 hours has appealed that decision to the FOI Commissioner.
ADDITIONAL INFORMATION NOT PUBLISHED IN 24 HOURS
Chase and about 200 Public Affairs Bureau staff are political appointees hired by Order-In-Council – that is, the B.C. cabinet – and are employed “at pleasure” until their appointments are rescinded.
That was a change made by the B.C. Liberals in their first term - previously most government communications staff were public servants hired through the normal process and protected by their BC Government and Service Employees Union contract. Now they can be fired at any point by cabinet - which realistically means the Premier's Office.
Chase's reports are extremely detailed - and he shows a good eye for courtroom coverage.
In one dispatch Chase notes that president Justice Elizabeth Bennett was “visibly irritated” by a lack of disclosure of evidence to the defence and in another quotes Virk’s lawyer Kevin McCullough as alleging there might be “a privileged relationship that seems to exist between the RCMP and the B.C. Liberals.”
The severed sections were ruled "out of scope" - that is, out of the scope of my FOI request and therefore not disclosed.
But those severed sections come at very interesting junctures.
For example, here is what Chase wrote in handwritten notes dated April 23, 2007 leading up to an exclusion:
"March 29, 2006 News from Pilothouse P.A." - the next six lines are whited-out in the FOI.
In an article I wrote for The Tyee on that day's court hearing there were a number of defence allegations made, focusing on dirty tricks directed from staff in the office of Premier Gordon Campbell, in particular stacking radio talk shows with phony guests.
But there were also many references to Pilothouse Public Affairs and two of its partners, Erik Bornmann and Brian Kieran - both of whom are alleged by police to have provided bribes to David Basi and Bob Virk - and both of whom are now Crown witnesses not facing any charges. A third Pilothouse partner, Jamie Elmhirst, has been subpoenaed to testify in the trial.
Among the allegations made by the defence that day which I reported were:
"That key Crown witnesses against Basi and Virk -- provincial lobbyists Erik Bornmann and Brian Kieran -- were allowed by the RCMP and Special Prosecutor Bill Berardino to continue their lucrative lobbying business even after disclosing that they had "made serious bribes" to the two aides to obtain government information on the B.C. Rail deal.
That the RCMP knew Bornmann had lied to the media when he issued a statement saying he had been cleared of any wrongdoing but did nothing about it, not informing the government of the truth.
That there was "obviously some sort of deal" between Bornmann and the RCMP and Special Prosecutor to allow his lobbying to continue because he was acting as the key Crown witness."
And in another report dated Tuesday May 15, 2007 at 9:30 a.m. the initial 12 lines of Chase's report are removed. In notes from that afternoon over a full page is severed.
The first line from the 9:30 a.m. report that is included in the FOI reads:
"Bud Bishop was aware that Debrechyre had relationship by family to Kelly Reichert, only by way of the letter. First troubling issue to McCullough is the BC Liberal Party involvement in the issue. Recalled a comm b/t Reichert and Campbell that outlined charges which would be laid."
This section apparently refers to RCMP Sargeant Bud Bishop and RCMP Inspector Kevin DeBruyckere, who was in charge of the investigation despite being the brother-in-law of Kelly Reichert - who is the BC Liberal Party's Executive Director.
The "comm b/t" appears to be the communication between Reichert and Premier Gordon Campbell about possible additional charges that the RCMP were contemplating laying against David Basi over political dirty tricks he allegedly was involved in. Reichert, the defence alleged based on evidence disclosed to them, asked the RCMP not to lay charges as it would be embarrassing to the party. No charges were in fact laid.
Here is what I wrote for 24 hours about the court hearing May 15:
"Virk's defence lawyer Kevin McCullough alleged that the RCMP consulted B.C. Liberal Party Executive Director Kelly Reichert, who told Premier Gordon Campbell that criminal charges were recommended against Basi.McCullough alleged an "effort by Reichert to not have the charges approved. That reeks of political interference."
The allegations come from a June 24, 2005 RCMP report titled: "Kelly Reichert - Do Not Disclose."
McCullough said a recorded RCMP interview with Reichert was stopped but a conversation continued.
"After the tape was turned off Mr. Reichert was asked if the Liberal Party was comfortable being the victim in three payments to Basi. Reichert said frankly any good to the party by prosecutions would be outweighed by the embarrassment to the party, with the issue of the load of manure dumped on Jim Sinclair's lawn and sending people to the B.C. Federation of Labour convention," McCullough alleged.
Sinclair told 24 hours there were protesters at the Federation convention but that his home was never attacked. Sinclair asked why the RCMP would allegedly consult the Liberal Party but not the Federation."
Chase's notes are again whited-out in the afternoon session of court on May 15, starting just after McCullough tells Justice Elizabeth Bennett that he needs Bornmann's lawyer George McIntosh in court for cross-examination regarding the agreement reached with Special Prosecutor Bill Berardino that resulted in Bornmann becoming the key Crown witness and not facing any charges.
The severed section lasts for 36 lines, then continues with: "Letter noting Collins was not advised of surveillance - March 24, 2004. Facts are inconsistent with reasoning of Sgt. Debruckyer given the fact that he had knowledge of wiretaps. Mentioned the meeting w Claude Richmond again, w took place in Kamloops to get Richmond's permission to search the house."
So what was said in BC Supreme Court on May 15 that the Public Affairs Bureau wanted whited out between those two disclosed segments?
The FOI appeal may reveal that but fortunately, we can get some immediate idea from my own courtroom notes, which do not mirror Chase's but may be informative.
That afternoon defence lawyer McCullough was exploring the details of the Crown's deal with Erik Bornmann.
McCullough quoted from "RCMP Sgt. Finner's notes" in court [possibly Sgt. Pat Finner]:
"Mr. Bornmann said he'd received a letter from Mr. Berardino. I was aware that Mr. Berardino had spoken to the media and said that Mr. Bornmann's interpretation may be misleading to the public."
McCullough then drew his own conclusion: "Mr. Berardino, apparently was contacting the media directly. We have no disclosure of that....he was concerned that Mr. Bornmann was taking advantage of that self-exoneration so he could lobby, lobby, lobby and make money, money, money. So he could go on to a law career."
There were other topics that afternoon but Bornmann's deal was the main one. Why references to it were removed from the FOI request as "out of scope" is just another puzzling question in a very puzzling case.
BASI-VIRK
By BILL TIELEMAN, 24 HOURS
A Public Affairs Bureau officer reported to the B.C. government about media questions and the attendance of NDP MLAs and a lawyer representing former B.C. Liberal Finance Minister Gary Collins at pre-trial hearings in the B.C. Legislature raid case, a 24 hours Freedom Of Information request shows.
24 hours first disclosed Stuart Chase's attendance in May 14 and it became the topic of an entire question period in the B.C. Legislature, with Attorney-General Wally Oppal wrongly insisting Chase's duties were to assist the media and public but refusing to release his reports.
In fact, the 100-page FOI of Chase's reports and notes shows that he told the government who attended court and what questions media asked prosecutors and defence, as well as extensively detailing the case, in which former provincial aides David Basi and Bob Virk face breach of trust charges related to the 2003 privatization of B.C. Rail.
"Note that two NDP MLAs were in and out of the courtroom today, taking notes on what was being said," the April 27 report reads. "As far as the media is concerned, other than talking amongst themselves about the AG's new nickname, there were no comments or questions from media after the hearing today."
Oppal's nickname became "StoneWally" for not answering questions.
And Chase kept an eye out for 24 hours.
"The Canucks/GM Place ownership trial has started today, and it's creating a media frenzy that's dividing attentions away from the Basi trial. Bill Tielman, [sic] even, has barely been in the court room," reads Chase's April 30th report.
The FOI request had many sections removed.
24 hours has appealed that decision to the FOI Commissioner.
ADDITIONAL INFORMATION NOT PUBLISHED IN 24 HOURS
Chase and about 200 Public Affairs Bureau staff are political appointees hired by Order-In-Council – that is, the B.C. cabinet – and are employed “at pleasure” until their appointments are rescinded.
That was a change made by the B.C. Liberals in their first term - previously most government communications staff were public servants hired through the normal process and protected by their BC Government and Service Employees Union contract. Now they can be fired at any point by cabinet - which realistically means the Premier's Office.
Chase's reports are extremely detailed - and he shows a good eye for courtroom coverage.
In one dispatch Chase notes that president Justice Elizabeth Bennett was “visibly irritated” by a lack of disclosure of evidence to the defence and in another quotes Virk’s lawyer Kevin McCullough as alleging there might be “a privileged relationship that seems to exist between the RCMP and the B.C. Liberals.”
The severed sections were ruled "out of scope" - that is, out of the scope of my FOI request and therefore not disclosed.
But those severed sections come at very interesting junctures.
For example, here is what Chase wrote in handwritten notes dated April 23, 2007 leading up to an exclusion:
"March 29, 2006 News from Pilothouse P.A." - the next six lines are whited-out in the FOI.
In an article I wrote for The Tyee on that day's court hearing there were a number of defence allegations made, focusing on dirty tricks directed from staff in the office of Premier Gordon Campbell, in particular stacking radio talk shows with phony guests.
But there were also many references to Pilothouse Public Affairs and two of its partners, Erik Bornmann and Brian Kieran - both of whom are alleged by police to have provided bribes to David Basi and Bob Virk - and both of whom are now Crown witnesses not facing any charges. A third Pilothouse partner, Jamie Elmhirst, has been subpoenaed to testify in the trial.
Among the allegations made by the defence that day which I reported were:
"That key Crown witnesses against Basi and Virk -- provincial lobbyists Erik Bornmann and Brian Kieran -- were allowed by the RCMP and Special Prosecutor Bill Berardino to continue their lucrative lobbying business even after disclosing that they had "made serious bribes" to the two aides to obtain government information on the B.C. Rail deal.
That the RCMP knew Bornmann had lied to the media when he issued a statement saying he had been cleared of any wrongdoing but did nothing about it, not informing the government of the truth.
That there was "obviously some sort of deal" between Bornmann and the RCMP and Special Prosecutor to allow his lobbying to continue because he was acting as the key Crown witness."
And in another report dated Tuesday May 15, 2007 at 9:30 a.m. the initial 12 lines of Chase's report are removed. In notes from that afternoon over a full page is severed.
The first line from the 9:30 a.m. report that is included in the FOI reads:
"Bud Bishop was aware that Debrechyre had relationship by family to Kelly Reichert, only by way of the letter. First troubling issue to McCullough is the BC Liberal Party involvement in the issue. Recalled a comm b/t Reichert and Campbell that outlined charges which would be laid."
This section apparently refers to RCMP Sargeant Bud Bishop and RCMP Inspector Kevin DeBruyckere, who was in charge of the investigation despite being the brother-in-law of Kelly Reichert - who is the BC Liberal Party's Executive Director.
The "comm b/t" appears to be the communication between Reichert and Premier Gordon Campbell about possible additional charges that the RCMP were contemplating laying against David Basi over political dirty tricks he allegedly was involved in. Reichert, the defence alleged based on evidence disclosed to them, asked the RCMP not to lay charges as it would be embarrassing to the party. No charges were in fact laid.
Here is what I wrote for 24 hours about the court hearing May 15:
"Virk's defence lawyer Kevin McCullough alleged that the RCMP consulted B.C. Liberal Party Executive Director Kelly Reichert, who told Premier Gordon Campbell that criminal charges were recommended against Basi.McCullough alleged an "effort by Reichert to not have the charges approved. That reeks of political interference."
The allegations come from a June 24, 2005 RCMP report titled: "Kelly Reichert - Do Not Disclose."
McCullough said a recorded RCMP interview with Reichert was stopped but a conversation continued.
"After the tape was turned off Mr. Reichert was asked if the Liberal Party was comfortable being the victim in three payments to Basi. Reichert said frankly any good to the party by prosecutions would be outweighed by the embarrassment to the party, with the issue of the load of manure dumped on Jim Sinclair's lawn and sending people to the B.C. Federation of Labour convention," McCullough alleged.
Sinclair told 24 hours there were protesters at the Federation convention but that his home was never attacked. Sinclair asked why the RCMP would allegedly consult the Liberal Party but not the Federation."
Chase's notes are again whited-out in the afternoon session of court on May 15, starting just after McCullough tells Justice Elizabeth Bennett that he needs Bornmann's lawyer George McIntosh in court for cross-examination regarding the agreement reached with Special Prosecutor Bill Berardino that resulted in Bornmann becoming the key Crown witness and not facing any charges.
The severed section lasts for 36 lines, then continues with: "Letter noting Collins was not advised of surveillance - March 24, 2004. Facts are inconsistent with reasoning of Sgt. Debruckyer given the fact that he had knowledge of wiretaps. Mentioned the meeting w Claude Richmond again, w took place in Kamloops to get Richmond's permission to search the house."
So what was said in BC Supreme Court on May 15 that the Public Affairs Bureau wanted whited out between those two disclosed segments?
The FOI appeal may reveal that but fortunately, we can get some immediate idea from my own courtroom notes, which do not mirror Chase's but may be informative.
That afternoon defence lawyer McCullough was exploring the details of the Crown's deal with Erik Bornmann.
McCullough quoted from "RCMP Sgt. Finner's notes" in court [possibly Sgt. Pat Finner]:
"Mr. Bornmann said he'd received a letter from Mr. Berardino. I was aware that Mr. Berardino had spoken to the media and said that Mr. Bornmann's interpretation may be misleading to the public."
McCullough then drew his own conclusion: "Mr. Berardino, apparently was contacting the media directly. We have no disclosure of that....he was concerned that Mr. Bornmann was taking advantage of that self-exoneration so he could lobby, lobby, lobby and make money, money, money. So he could go on to a law career."
There were other topics that afternoon but Bornmann's deal was the main one. Why references to it were removed from the FOI request as "out of scope" is just another puzzling question in a very puzzling case.
Wednesday, December 19, 2007
Basi-Virk pre-trial hearing not on today - adjourned until January?
There was no pre-trial hearing on the Basi-Virk case today in BC Supreme Court - I understand there are no further court dates this week and possibly until January 2008.
I will update this situation when I learn more.
I will update this situation when I learn more.
Tuesday, December 18, 2007
Poll shows strong opposition to Tsawwassen Treaty removing farmland but support for treaties in general; Liberals, NDP out of touch, say critics
Bill Tieleman’s 24 Hours Column
Tuesday December 18, 2007
Public keen to protect farmland
Public opposes removing farmland from ALR for Tsawwassen treaty but supports treaties
By BILL TIELEMAN
For me, every ruler is alien that defies public opinion.
British Columbians strongly oppose removing farmland from the Agricultural Land Reserve to reach a treaty with the Tsawwassen First Nation, an exclusive 24 hours' poll shows. But the same poll indicates solid support in general for negotiating treaties with B.C. First Nations.
And a prominent environmentalist says the poll shows that the governing B.C. Liberal Party and the opposition New Democratic Party are both out of step with public opinion after their MLAs voted overwhelmingly for the treaty that will exclude farmland from the ALR to allow Deltaport container shipping expansion.
By almost two to one, British Columbians polled last month by Strategic Communications said they opposed removing Delta farmland from the ALR, with 57 per cent opposed versus 29 per cent in favour.
And 37 per cent were strongly opposed, versus 14 per cent strongly in favour. The remainder were undecided.
The question posed to 600 people across B.C. was: "Do you support or oppose the provincial government removing farmland from the agricultural land reserve to reach a Treaty with the Tsawwassen First Nation and allowing the band to do what it pleases with that land?"
But on the general question of negotiating treaties with First Nations, 71 per cent were in favour, with 44 per cent strongly so, and 19 per cent were opposed.
The results pleased politicians and environmentalists who fought the deal over removing farmland from the ALR and turning it over to the Tsawwassen First Nation.
Maple Ridge-Pitt Meadows MLA Michael Sather, who was temporarily suspended from the NDP caucus for opposing the treaty, was pleased the polling supports his position.
"It's gratifying that people value agricultural land that much," Sather said. "But I remain concerned about other treaties in the pipeline and other challenges to the ALR."
The B.C. Farmland Defence League's Donna Passmore was blunt.
"What these results show is that both the leaders of the B.C Liberal Party and the NDP are completely out of touch with the people of B.C. and their own voters," Passmore said. "People will not be held hostage to First Nations over issues of guilt to the point that it obstructs issues about our future, especially farmland."
But Shawn A-in-chut Atleo, B.C. Assembly of First Nations regional chief, disagrees.
"Once the land is back, it's up to them [the Tsawwassen First Nation] to decide what to do with it," Atleo said. "As First Nations, we did not institute these land-management processes."
"The notion that First Nations are going to be wanton land owners and destroy everything just doesn't make sense," Atleo said, while acknowledging public opinion. "I think First Nations need to hear what public concerns are. The issues around land use are welcome discussions between neighbours."
And Atleo is glad treaty-making in general is backed.
"I'm very pleased to hear the public supports reconciliation," he said. "It's absolutely critical that the public not only understand but pressures government to reconcile aboriginal and Crown titles."
Joe Foy, campaign director for the Western Canada Wilderness Committee - one of the only environmental groups to speak against farmland removal - said the poll is "great" news.
"The people get it, according to this poll," Foy said. "People at least have a sense of the strings that are being pulled here. There's a reason this scheme came forward to pave over farmland and people can see that."
Richmond Coun. Harold Steves, a longtime farmland advocate, was pleased but said he doubted the poll would change the NDP, which said it wants farmland protected but voted for the treaty.
"Whether that message will get through to the NDP, I'm doubtful," he said. "The NDP seem to be sitting in the last century."
Even Corky Evans, the MLA and former agriculture minister who responded to a 24 hours' request to the NDP for reaction, agreed the party is in a tough spot choosing between a treaty and farmland protection.
"Tsawwassen created a bit of a precedent. It isn't resolved yet but it would be exceedingly difficult for the party to say 'not this one'" to a future treaty, said Evans, who personally abstained from the legislature vote on the treaty.
John Willis, campaigns and research director for Strategic Communications, 24 hours Vancouver's official pollster, said the contrast in the two questions was striking.
"That's a pretty significant shift from supporting treaties in general to opposing the Tsawwassen Treaty," Willis said.
Strategic Communications polled 600 British Columbians Nov. 22 to 29, with a plus or minus four per cent margin of error, 19 times out of 20.
This column takes a Christmas break, returning Jan. 8, but watch my blog for more on this and other news!
POLL QUESTIONS & RESULTS
Question: Do you support or oppose the province removing farmland from the agricultural land reserve to reach a treaty with the Tsawwassen First Nation and allowing the band to do what it pleases with that land?
Strongly support - 13.6%
Somewhat support - 15.8%
Strongly oppose - 37.3%
Somewhat oppose - 19.8%
Neither - 2.4% 9.8% didn't know and 1.2% refused to answer
Question: Do you support or oppose negotiating final settlement treaties with B.C. First Nations?
Strongly support - 43.6%
Somewhat support - 27.8%
Strongly oppose - 13.2%
Somewhat oppose - 6.0%
Neither - 2.6%
6% didn't know and .8% refused to answer
Tuesday December 18, 2007
Public keen to protect farmland
Public opposes removing farmland from ALR for Tsawwassen treaty but supports treaties
By BILL TIELEMAN
For me, every ruler is alien that defies public opinion.
- Mohandas Gandhi
British Columbians strongly oppose removing farmland from the Agricultural Land Reserve to reach a treaty with the Tsawwassen First Nation, an exclusive 24 hours' poll shows. But the same poll indicates solid support in general for negotiating treaties with B.C. First Nations.
And a prominent environmentalist says the poll shows that the governing B.C. Liberal Party and the opposition New Democratic Party are both out of step with public opinion after their MLAs voted overwhelmingly for the treaty that will exclude farmland from the ALR to allow Deltaport container shipping expansion.
By almost two to one, British Columbians polled last month by Strategic Communications said they opposed removing Delta farmland from the ALR, with 57 per cent opposed versus 29 per cent in favour.
And 37 per cent were strongly opposed, versus 14 per cent strongly in favour. The remainder were undecided.
The question posed to 600 people across B.C. was: "Do you support or oppose the provincial government removing farmland from the agricultural land reserve to reach a Treaty with the Tsawwassen First Nation and allowing the band to do what it pleases with that land?"
But on the general question of negotiating treaties with First Nations, 71 per cent were in favour, with 44 per cent strongly so, and 19 per cent were opposed.
The results pleased politicians and environmentalists who fought the deal over removing farmland from the ALR and turning it over to the Tsawwassen First Nation.
Maple Ridge-Pitt Meadows MLA Michael Sather, who was temporarily suspended from the NDP caucus for opposing the treaty, was pleased the polling supports his position.
"It's gratifying that people value agricultural land that much," Sather said. "But I remain concerned about other treaties in the pipeline and other challenges to the ALR."
The B.C. Farmland Defence League's Donna Passmore was blunt.
"What these results show is that both the leaders of the B.C Liberal Party and the NDP are completely out of touch with the people of B.C. and their own voters," Passmore said. "People will not be held hostage to First Nations over issues of guilt to the point that it obstructs issues about our future, especially farmland."
But Shawn A-in-chut Atleo, B.C. Assembly of First Nations regional chief, disagrees.
"Once the land is back, it's up to them [the Tsawwassen First Nation] to decide what to do with it," Atleo said. "As First Nations, we did not institute these land-management processes."
"The notion that First Nations are going to be wanton land owners and destroy everything just doesn't make sense," Atleo said, while acknowledging public opinion. "I think First Nations need to hear what public concerns are. The issues around land use are welcome discussions between neighbours."
And Atleo is glad treaty-making in general is backed.
"I'm very pleased to hear the public supports reconciliation," he said. "It's absolutely critical that the public not only understand but pressures government to reconcile aboriginal and Crown titles."
Joe Foy, campaign director for the Western Canada Wilderness Committee - one of the only environmental groups to speak against farmland removal - said the poll is "great" news.
"The people get it, according to this poll," Foy said. "People at least have a sense of the strings that are being pulled here. There's a reason this scheme came forward to pave over farmland and people can see that."
Richmond Coun. Harold Steves, a longtime farmland advocate, was pleased but said he doubted the poll would change the NDP, which said it wants farmland protected but voted for the treaty.
"Whether that message will get through to the NDP, I'm doubtful," he said. "The NDP seem to be sitting in the last century."
Even Corky Evans, the MLA and former agriculture minister who responded to a 24 hours' request to the NDP for reaction, agreed the party is in a tough spot choosing between a treaty and farmland protection.
"Tsawwassen created a bit of a precedent. It isn't resolved yet but it would be exceedingly difficult for the party to say 'not this one'" to a future treaty, said Evans, who personally abstained from the legislature vote on the treaty.
John Willis, campaigns and research director for Strategic Communications, 24 hours Vancouver's official pollster, said the contrast in the two questions was striking.
"That's a pretty significant shift from supporting treaties in general to opposing the Tsawwassen Treaty," Willis said.
Strategic Communications polled 600 British Columbians Nov. 22 to 29, with a plus or minus four per cent margin of error, 19 times out of 20.
This column takes a Christmas break, returning Jan. 8, but watch my blog for more on this and other news!
POLL QUESTIONS & RESULTS
Question: Do you support or oppose the province removing farmland from the agricultural land reserve to reach a treaty with the Tsawwassen First Nation and allowing the band to do what it pleases with that land?
Strongly support - 13.6%
Somewhat support - 15.8%
Strongly oppose - 37.3%
Somewhat oppose - 19.8%
Neither - 2.4% 9.8% didn't know and 1.2% refused to answer
Question: Do you support or oppose negotiating final settlement treaties with B.C. First Nations?
Strongly support - 43.6%
Somewhat support - 27.8%
Strongly oppose - 13.2%
Somewhat oppose - 6.0%
Neither - 2.6%
6% didn't know and .8% refused to answer
Friday, December 14, 2007
Basi-Virk defence alleges solicitor-client privilege claim instructions in case came from BC cabinet; may cross-examine Deputy Cabinet Secretary
Lawyers for the defence in the Basi-Virk case made strong allegations this afternoon that instructions to claim solicitor-client privilege over documents related to the $1 billion BC Rail privatization came from "cabinet" rather than from provincial bureaucrats in the Attorney-General's ministry.
And defence counsel questioned statements made in the BC Legislature by Premier Gordon Campbell about the openness his government was demonstrating regarding providing documents they say are needed to defend their clients, three former BC government aides.
Lawyers for David Basi, Bob Virk and Aneal Basi also gave BC Supreme Court Justice Elizabeth Bennett notice that they may seek to cross-examine both the current and the former Deputy Cabinet Secretary about their role in providing instructions on the privilege issue.
"The issue of who's giving instructions is significant," said Kevin McCullough, Virk's lawyer. "There's a real issue when the Deputy Attorney General was providing instructions and when instructions were provided by Cabinet."
McCullough said the defence may seek to cross-examine former Deputy Cabinet Secretary Joy Illington and current Deputy Cabinet Secretary Elizabeth MacMillan.
Outside the court, Michael Bolton, David Basi's lawyer, told reporters that the defence questions statements made by Campbell in the Legislature that had been quoted earlier today by George Copley, the government's lawyer.
"What we said was that Mr. Copley had quoted the Premier saying there would be openness about these documents and that's not consistent with the position taken," Bolton said.
In court McCullough made clear that he did not doubt Copley's integrity at all but he did question Campbell's statements in the BC Legislature during debate with New Democratic Party leader Carole James over the premier's office estimates that the Deputy Attorney General was dealing with issues of privilege in the Basi-Virk case. [See earlier report below for Hansard quotes]
"The instructions really are driving the way you ought to interpret the government's assertions of solicitor-client privilege," McCullough told Bennett. "The Deputy Cabinet Secretary is ultimately who's instructing Mr. Copley with respect to privilege."
Earlier Bennett agreed that the defence could cross-examine Nancy Reimer, an assistant to government lawyer George Copley, on Tuesday December 18 regarding an affadavit she prepared outlining privilege issues in the case from the province's perspective. Reimer was excused from the court for part of the afternoon because of that request.
The defence will make further arguments on Monday December 17 at 10 a.m. on the solicitor-client privilege issue.
And defence counsel questioned statements made in the BC Legislature by Premier Gordon Campbell about the openness his government was demonstrating regarding providing documents they say are needed to defend their clients, three former BC government aides.
Lawyers for David Basi, Bob Virk and Aneal Basi also gave BC Supreme Court Justice Elizabeth Bennett notice that they may seek to cross-examine both the current and the former Deputy Cabinet Secretary about their role in providing instructions on the privilege issue.
"The issue of who's giving instructions is significant," said Kevin McCullough, Virk's lawyer. "There's a real issue when the Deputy Attorney General was providing instructions and when instructions were provided by Cabinet."
McCullough said the defence may seek to cross-examine former Deputy Cabinet Secretary Joy Illington and current Deputy Cabinet Secretary Elizabeth MacMillan.
Outside the court, Michael Bolton, David Basi's lawyer, told reporters that the defence questions statements made by Campbell in the Legislature that had been quoted earlier today by George Copley, the government's lawyer.
"What we said was that Mr. Copley had quoted the Premier saying there would be openness about these documents and that's not consistent with the position taken," Bolton said.
In court McCullough made clear that he did not doubt Copley's integrity at all but he did question Campbell's statements in the BC Legislature during debate with New Democratic Party leader Carole James over the premier's office estimates that the Deputy Attorney General was dealing with issues of privilege in the Basi-Virk case. [See earlier report below for Hansard quotes]
"The instructions really are driving the way you ought to interpret the government's assertions of solicitor-client privilege," McCullough told Bennett. "The Deputy Cabinet Secretary is ultimately who's instructing Mr. Copley with respect to privilege."
Earlier Bennett agreed that the defence could cross-examine Nancy Reimer, an assistant to government lawyer George Copley, on Tuesday December 18 regarding an affadavit she prepared outlining privilege issues in the case from the province's perspective. Reimer was excused from the court for part of the afternoon because of that request.
The defence will make further arguments on Monday December 17 at 10 a.m. on the solicitor-client privilege issue.
EARLIER REPORT FROM FRIDAY MORNING
Government lawyer in Basi-Virk case argues against releasing BC Rail privatization to defence but says "fully cooperating"
The government's lawyer in the Basi-Virk case argued in BC Supreme Court this morning that the defence should be denied documents related to the $1 billion privatization of BC Rail due to solicitor-client privilege.
But George Copley argued that the government was being "completely open and cooperative" in its approach.
And in a surprising move, Copley quoted an exchange in the BC Legislature on May 28, 2007 where New Democratic Party leader Carole James extensively questioned Premier Gordon Campbell about the government's cooperation in the case or lack thereof.
At issue are 17 documents that the government is claiming solicitor-client privilege over because they all relate to what it says is legal advice on the BC Rail deal received from law firm Borden Ladner Gervais.
The defence argues the documents should be released for several reasons - including that accused former BC Liberal ministerial assistant Bob Virk actually was provided with them in the course of his duties but now cannot access them; that co-accused David Basi and Aneal Basi should have equal knowledge to what Virk might have from having seen the documents; and that two or more of the documents were released to the defence separately through a Freedom Of Information request previously.
Copley argued the government's case throughout the morning, dismissing all grounds for disclosure and citing past case law to back up his position.
"We have attempted to be completely open and cooperative with the Court, the Special Prosecutor and defence counsel," Copley told Justice Elizabeth Bennett.
He later quoted both James and Campbell from debate in estimates on the premier's office budget.
"On May 28 the premier was responding to questions from the leader of the opposition," Copley said before quoting this segment from Hansard:
"C. James: My question would be to the Premier. Will he commit to releasing documents without invoking privilege?
Hon. G. Campbell: Again, I would go back and say that obviously there are issues with regard to cabinet confidentiality that must be and would be considered in these issues. Having said that, my goal and the objective of the government throughout has been to proceed with an unfettered and, frankly, independent process.
There's a special prosecutor in place, and I will not be involved in those discussions. That has been delegated to the Deputy Attorney General, and he will make those decisions as he sees fit."
Copley then continued to quote the premier's answer to another question:
"Hon. G. Campbell: I do want the Leader of the Opposition to understand what I've done here. In terms of the screening of cabinet documents, all those [ Page 8246 ] documents will be available to the Deputy Attorney General. He will make the decision vis-Ã -vis cabinet confidentiality or any of those issues in consultation with the special prosecutor."
Copley then interjected that: "I think the premier's not got that entirely correct" and then continued back to Hansard.
"He will make the decision without any further consultation with me or anyone in the Premier's office," the rest of Campbell's answer read.
BC Rail lawyer Robert Deane will also argue against disclosure in the afternoon, followed by defence rebuttal either Friday or Monday.
Wednesday, December 12, 2007
December 12, 2007
Basi-Virk defence slams provincial gov't
By BILL TIELEMAN, 24 HOURS
The defence in the B.C. Legislature Raid case slammed the provincial government repeatedly yesterday, alleging it considered putting B.C. Rail into bankruptcy to aid its privatization and warning that Premier Gordon Campbell will spend "ample" time being cross-examined.
And lawyers for former government aides David Basi, Bob Virk and Aneal Basi alleged in B.C. Supreme Court that senior deputy minister Chris Trumpy was in conflict of interest during the sale of B.C. Rail and that it is provincial "perversity" to withhold information the accused need to defend themselves.
But a government lawyer fired back, categorically denying the province was acting "in some political fashion."
Michael Bolton, lawyer for David Basi, told Justice Elizabeth Bennett that a summary of legal advice the government claims solicitor-client privilege over shows it considered putting B.C. Rail into bankruptcy protection through the federal Creditors' Companies Arrangement Act.
"Bankruptcy for B.C. Rail was one of the things the government was looking at to facilitate the sale of the freight division," Bolton said.
Virk's lawyer Kevin McCullough alleged Trumpy was in conflict because he was on a B.C. Rail deal evaluation committee and later chief negotiator while chairing the B.C. Investment Management Corporation that held more than $350 million in shares of CN Rail, the successful bidder.
Trumpy resigned from the BCIMC, which invests public-sector pension funds.
NOTE - See blog item below for longer story on Tuesday's BC Supreme Court hearing.
Basi-Virk defence slams provincial gov't
By BILL TIELEMAN, 24 HOURS
The defence in the B.C. Legislature Raid case slammed the provincial government repeatedly yesterday, alleging it considered putting B.C. Rail into bankruptcy to aid its privatization and warning that Premier Gordon Campbell will spend "ample" time being cross-examined.
And lawyers for former government aides David Basi, Bob Virk and Aneal Basi alleged in B.C. Supreme Court that senior deputy minister Chris Trumpy was in conflict of interest during the sale of B.C. Rail and that it is provincial "perversity" to withhold information the accused need to defend themselves.
But a government lawyer fired back, categorically denying the province was acting "in some political fashion."
Michael Bolton, lawyer for David Basi, told Justice Elizabeth Bennett that a summary of legal advice the government claims solicitor-client privilege over shows it considered putting B.C. Rail into bankruptcy protection through the federal Creditors' Companies Arrangement Act.
"Bankruptcy for B.C. Rail was one of the things the government was looking at to facilitate the sale of the freight division," Bolton said.
Virk's lawyer Kevin McCullough alleged Trumpy was in conflict because he was on a B.C. Rail deal evaluation committee and later chief negotiator while chairing the B.C. Investment Management Corporation that held more than $350 million in shares of CN Rail, the successful bidder.
Trumpy resigned from the BCIMC, which invests public-sector pension funds.
NOTE - See blog item below for longer story on Tuesday's BC Supreme Court hearing.
Tuesday, December 11, 2007
Basi-Virk defence alleges BC Liberals considered putting BC Rail into bankruptcy to facilitate sale; Deputy Minister Chris Trumpy in conflict?
UPDATED WITH NEW INFORMATION TUESDAY EVENING
Defence warns Premier Gordon Campbell will face "ample" cross-examination and calls government position to deny documents to accused a "perversity"
Government lawyer "categorically denies defence charges that "province acting "in some political fashion" in dealing with Basi-Virk case
Were BC Rail property management consultants "people close to the Premier or Cabinet who are being given special consideration?" defence lawyer asks
CN Rail described by defence as "bully" that won BC Rail bid despite "bad behaviour"
BC government, RCMP accused of using media "to manipulate things"
Two documents denied because of solicitor-client privilege by government were obtained by defence through Freedom Of Information request
Over 30 witnesses to testify in trial
Defence lawyers in the Basi-Virk case made serious allegations against the provincial government in BC Supreme Court this morning, disclosing that consideration was given to putting BC Rail into bankruptcy and insolvency protection to facilitate its privatization.
The defence also alleged that Chris Trumpy, then Deputy Minister of Revenue to then-Finance Minister Gary Collins, was in a conflict of interest situation because of his multiple roles in both the sale of BC Rail and as Chair of the BC Investment Management Corporation, which held over $360 million in CN Rail shares at the time.
And defence counsel criticized BC government attempts to block disclosure of 17 documents to the accused based on solicitor-client privilege by revealing they had previously received two of the documents through a Freedom Of Information request filed separately two years ago.
Michael Bolton, lawyer for David Basi, told Justice Elizabeth Bennett that document never disclosed previously show the BC Liberals had an option to put BC Rail into bankruptcy and insolvency protection through the federal Creditors Companies Arrangement Act.
"Bankruptcy for BC Rail was one of the things the government was looking at to facilitate the sale of the freight division," Bolton said.
Kevin McCullough, lawyer for Bob Virk, said Trumpy was placed on the BC Rail Evaluation Committee and was appointed a chief negotiator for the government at the same time he chaired the BCIMC, which invests public pension plan funds in a variety of corporations.
"So the question in my mind was - how could the government appoint someone who was the Chair of their investment management corporation that holds massive CN stock and then appoint him to the Evaluation Committee and be their negotiator?" McCullough asked. "And that's something my client was aware of and concerned that the NDP would get a hold of that."
McCullough later quoted from a December 2003 email from Chris Trumpy regarding the BC Rail Roberts Bank Sub Port privatization - a bid that was later cancelled after the RCMP advised the government it had learned the process had been compromised.
"I am stepping out of the evaluation process for the Sub Port until such time as I have received advice on a real or perceived conflict," McCullough said Trumpy wrote.
McCullough then stated: "It is remote that the Premier and Minister Collins aren't aware of these conflicts and the question is - what are they doing about it?"
Watch here in the days ahead for a full report with the details on these and many other allegations made in court today by the defence. Sorry I am unable to produce that information immediately.
The pre-trial hearing continues with a response to defence claims from government lawyer George Copley and BC Rail lawyer Robert Deane on Friday December 14 at 10 a.m. More on that here as well.
Defence warns Premier Gordon Campbell will face "ample" cross-examination and calls government position to deny documents to accused a "perversity"
Government lawyer "categorically denies defence charges that "province acting "in some political fashion" in dealing with Basi-Virk case
Were BC Rail property management consultants "people close to the Premier or Cabinet who are being given special consideration?" defence lawyer asks
CN Rail described by defence as "bully" that won BC Rail bid despite "bad behaviour"
BC government, RCMP accused of using media "to manipulate things"
Two documents denied because of solicitor-client privilege by government were obtained by defence through Freedom Of Information request
Over 30 witnesses to testify in trial
Defence lawyers in the Basi-Virk case made serious allegations against the provincial government in BC Supreme Court this morning, disclosing that consideration was given to putting BC Rail into bankruptcy and insolvency protection to facilitate its privatization.
The defence also alleged that Chris Trumpy, then Deputy Minister of Revenue to then-Finance Minister Gary Collins, was in a conflict of interest situation because of his multiple roles in both the sale of BC Rail and as Chair of the BC Investment Management Corporation, which held over $360 million in CN Rail shares at the time.
And defence counsel criticized BC government attempts to block disclosure of 17 documents to the accused based on solicitor-client privilege by revealing they had previously received two of the documents through a Freedom Of Information request filed separately two years ago.
Michael Bolton, lawyer for David Basi, told Justice Elizabeth Bennett that document never disclosed previously show the BC Liberals had an option to put BC Rail into bankruptcy and insolvency protection through the federal Creditors Companies Arrangement Act.
"Bankruptcy for BC Rail was one of the things the government was looking at to facilitate the sale of the freight division," Bolton said.
Kevin McCullough, lawyer for Bob Virk, said Trumpy was placed on the BC Rail Evaluation Committee and was appointed a chief negotiator for the government at the same time he chaired the BCIMC, which invests public pension plan funds in a variety of corporations.
"So the question in my mind was - how could the government appoint someone who was the Chair of their investment management corporation that holds massive CN stock and then appoint him to the Evaluation Committee and be their negotiator?" McCullough asked. "And that's something my client was aware of and concerned that the NDP would get a hold of that."
McCullough later quoted from a December 2003 email from Chris Trumpy regarding the BC Rail Roberts Bank Sub Port privatization - a bid that was later cancelled after the RCMP advised the government it had learned the process had been compromised.
"I am stepping out of the evaluation process for the Sub Port until such time as I have received advice on a real or perceived conflict," McCullough said Trumpy wrote.
McCullough then stated: "It is remote that the Premier and Minister Collins aren't aware of these conflicts and the question is - what are they doing about it?"
Watch here in the days ahead for a full report with the details on these and many other allegations made in court today by the defence. Sorry I am unable to produce that information immediately.
The pre-trial hearing continues with a response to defence claims from government lawyer George Copley and BC Rail lawyer Robert Deane on Friday December 14 at 10 a.m. More on that here as well.
Monday, December 10, 2007
Bill Tieleman’s 24 Hours Column
Tuesday December 11, 2007
Tuesday December 11, 2007
No mistakes in office raid
By BILL TIELEMAN
A lie has no leg but a scandal has wings.
- Thomas Fuller, 1608-1661
Is the B.C. legislature raid case still important almost four years after it occurred on Dec. 28, 2003?
After all, the trial of three B.C. Liberal government aides alleged to have given confidential documents to lobbyists in the $1 billion B.C. Rail privatization has still has not occurred and some doubt it ever will.
But as I surveyed the wreckage of my ransacked office Dec. 3 and found an unmistakable "calling card" carefully placed on top of broken ceiling tiles left when intruders crashed in, the answer was very clear - "yes" indeed.
Whoever took a press kit for The Raid - Ken Merkley's fictional book based on the case - from my desk and put it atop the rubble, along with leaving filing cabinets open and stealing nothing, knew what they were doing.
And they went to a lot of trouble to get into my office.
The intruders gained entry at night to a locked office building.
They tried to smash through the drywall to open my office door and failed, then also failed to crowbar it open, then smashed open the door of the adjoining office, moved a desk against the wall, pushed out the acoustic tiles, climbed into the ceiling, over the wall, pushed in my acoustic tiles and dropped into my office.
The intruders did not attempt to break-in to any other office.
So the message was obvious - they don't like what I write about the B.C. Legislature Raid case in 24 hours or www.thetyee.-ca or my blog at billtieleman. blogspot.com.
My answer - I will not be intimidated by criminals.
But why is this case - often unreported by many media - so important?
Because the stakes are extremely high - for the accused - David Basi, Bob Virk and Aneal Basi - who potentially face years in jail and whose lives have been totally disrupted.
For Premier Gordon Campbell - defence lawyers alleged in B.C. Supreme Court his staff directed political dirty tricks.
For the B.C. Liberal government - which could face electoral defeat if the scandal implicates its members in wrongdoing, even if not illegal.
For the RCMP - accused by the defence of conflict of interest and abuse of process in the investigation. One investigator bought a house from David Basi's mother before the raid. A supervising officer is the B.C. Liberal Party's executive director's brother-in-law.
For the federal Liberal Party - some of its former B.C. branch executives had their offices searched by police and will testify in court.
For lobbyists Erik Bornmann and Brian Kieran - alleged to have provided bribes, they are now Crown witnesses facing no charges.
So however long it takes, when the truth comes out, a reckoning will take place.
Basi-Virk: BC government claiming solicitor-client privilege over BC Rail documents - fight for access resumes in BC Supreme Court Tuesday
The BC Liberal provincial government is claiming solicitor-client privilege over a number of documents connected to the $1 billion privatization of BC Rail - documents that lawyers for three government aides say are needed to defend their clients.
On Tuesday morning lawyers for David Basi, Bob Virk and Aneal Basi will argue that Justice Elizabeth Bennett should release the documents, while government lawyer George Copley will oppose that request.
Unfortunately I was unable to attend BC Supreme Court this morning - but Canadian Press reports today arguments were made in open court until noon before adjourning till Tuesday morning.
That also means the secret hearing about whether a police informant could be heard in-camera has ended but it is unknown if Bennett has ruled on that matter.
David Basi's lawyer Michael Bolton told the court that there is no basis for maintaining solicitor-client privilege, saying the BC government is hiding behind it. And he said former BC Finance Minister Gary Collins will be a key witness in the case.
"When the merits of the case come to be tried you will, of course, be hearing from a variety of witnesses, including Gary Collins," he said, according to Canadian Press.
Collins denies any wrongdoing in the BC Rail deal but court has heard he was the subject of police surveillance when he met with officials from U.S. bidder OmniTRAX at Villa del Lupo restaurant in Vancouver in November 2003.
Copley, who is the lawyer for the executive branch of the government, told the court documents seized by police are protected by solicitor-client privilege and can't be released to defence lawyers.
Copley said they include advice from lawyers and bankers on the sale of B.C. Rail and are therefore confidential.
Bolton said documents seized in the police raid on the BC Legislature on December 28, 2003 includes information he alleges show that Collins approved a "consolation prize" for OmniTRAX if they stayed in the bidding for BC Rail, CP says.
Canadian Pacific dropped out of the privatization bidding before the winner - CN Rail - was announced, complaining that the process was unfair.
I will be in BC Supreme Court Tuesday - watch here for more coverage.
On Tuesday morning lawyers for David Basi, Bob Virk and Aneal Basi will argue that Justice Elizabeth Bennett should release the documents, while government lawyer George Copley will oppose that request.
Unfortunately I was unable to attend BC Supreme Court this morning - but Canadian Press reports today arguments were made in open court until noon before adjourning till Tuesday morning.
That also means the secret hearing about whether a police informant could be heard in-camera has ended but it is unknown if Bennett has ruled on that matter.
David Basi's lawyer Michael Bolton told the court that there is no basis for maintaining solicitor-client privilege, saying the BC government is hiding behind it. And he said former BC Finance Minister Gary Collins will be a key witness in the case.
"When the merits of the case come to be tried you will, of course, be hearing from a variety of witnesses, including Gary Collins," he said, according to Canadian Press.
Collins denies any wrongdoing in the BC Rail deal but court has heard he was the subject of police surveillance when he met with officials from U.S. bidder OmniTRAX at Villa del Lupo restaurant in Vancouver in November 2003.
Copley, who is the lawyer for the executive branch of the government, told the court documents seized by police are protected by solicitor-client privilege and can't be released to defence lawyers.
Copley said they include advice from lawyers and bankers on the sale of B.C. Rail and are therefore confidential.
Bolton said documents seized in the police raid on the BC Legislature on December 28, 2003 includes information he alleges show that Collins approved a "consolation prize" for OmniTRAX if they stayed in the bidding for BC Rail, CP says.
Canadian Pacific dropped out of the privatization bidding before the winner - CN Rail - was announced, complaining that the process was unfair.
I will be in BC Supreme Court Tuesday - watch here for more coverage.
Friday, December 07, 2007
BC Legislature Raid case may never happen or be further postponed, says veteran lawyer
Basi-Virk trial might be delayed, says lawyer
By BILL TIELEMAN, 24 HOURS
NOTE TO READERS - this is a short variation of the blog item below.
Three provincial government aides charged in the B.C. legislature raid case could have their trial delayed or even thrown out due to a legally complex secret pre-trial hearing held yesterday in B.C. Supreme Court, says a prominent media lawyer.
Roger McConchie, representing CTV, the Globe and Mail and the Canadian Press at the hearing, said outside court that legal wrangling over the Crown's application to have a judge hear from a police informant in secret could delay the March 2008 trial date or even put it off forever.
Special Prosecutor Janet Winteringham asked Justice Elizabeth Bennett to grant a Section 37 certificate under the Canada Evidence Act to grant "informer privilege" for a secret witness.
The certificate would exclude media, the public and even defense lawyers from the court. Lawyers for David Basi, Bob Virk and Aneal Basi, the three aides facing charges connected to the $1-billion privatization of B.C. Rail, opposed the application in a hearing closed to media and the public that is expected to continue today.
"If the certificate is sustained, counsel for the accused can apply to the Appeal Court. My guess would be if that happens, the March trial date would be delayed," McConchie told 24 hours.
But McConchie also said that if a defence appeal is filed: "It's anyone's guess if this is ever going to go to trial."
McConchie described the case as like a Matryoshka Russian nesting doll. "It is a truly nested doll hearing - I've never seen one before. How far down is this series of nested doll in-camera hearings [are we] going to go?" McConchie asked.
By BILL TIELEMAN, 24 HOURS
NOTE TO READERS - this is a short variation of the blog item below.
Three provincial government aides charged in the B.C. legislature raid case could have their trial delayed or even thrown out due to a legally complex secret pre-trial hearing held yesterday in B.C. Supreme Court, says a prominent media lawyer.
Roger McConchie, representing CTV, the Globe and Mail and the Canadian Press at the hearing, said outside court that legal wrangling over the Crown's application to have a judge hear from a police informant in secret could delay the March 2008 trial date or even put it off forever.
Special Prosecutor Janet Winteringham asked Justice Elizabeth Bennett to grant a Section 37 certificate under the Canada Evidence Act to grant "informer privilege" for a secret witness.
The certificate would exclude media, the public and even defense lawyers from the court. Lawyers for David Basi, Bob Virk and Aneal Basi, the three aides facing charges connected to the $1-billion privatization of B.C. Rail, opposed the application in a hearing closed to media and the public that is expected to continue today.
"If the certificate is sustained, counsel for the accused can apply to the Appeal Court. My guess would be if that happens, the March trial date would be delayed," McConchie told 24 hours.
But McConchie also said that if a defence appeal is filed: "It's anyone's guess if this is ever going to go to trial."
McConchie described the case as like a Matryoshka Russian nesting doll. "It is a truly nested doll hearing - I've never seen one before. How far down is this series of nested doll in-camera hearings [are we] going to go?" McConchie asked.
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