MLA Gregor Robertson launches campaign for Vision Vancouver mayoralty nomination

NDP MLA Gregor Robertson launched his long-rumoured campaign to win the Vision Vancouver mayoralty nomination this afternoon in front of a standing-room-only crowd of 250 supporters.

Robertson immediately took aim at the battle between Non-Partisan Association mayor Sam Sullivan and NPA councilor Peter Ladner, who is trying to wrestle the party's nomination away for the incumbent.

"We must end the culture of nasty and divisive partisan politics which have divided our city between insiders and outsiders, and made our city councilors and city staff voiceless in the face of an increasingly imperious Mayor’s office," Robertson told the crowd.

"From ego-laden pet projects to disrespectful labour relations, Mr. Sullivan has turned city hall into a source for problems rather than solutions. The NPA meltdown between Sam and Peter is the latest dysfunctional drama to unfold. Does this serve our city?" he asked.

Robertson immediately claimed the backing of two sitting Vision Vancouver city councilors, Heather Deal and Tim Stephenson. Another Vision councilor, George Chow, attended the event but told me he is "neutral at this point" but pleased at the interest in the mayoralty race.

Vision Vancouver's fourth councilor, Raymond Louie, was absent and has not declared if he will also run for the nomination but speculation continues that he may announce that intention soon.

Independent park board commissioner Al De Genova has joined Vision to also run for the nomination after a long political career with the Non-Partisan Association ended in a dispute with NPA mayor Sam Sullivan.

Robertson said he was encouraged to run for mayor by a wide variety of people but one recent incident made him decide to enter the race.

"I reached a turning point a few weeks back, on hearing news about a tragedy in my so-called affluent part of town," Roberston said. "A homeless man named Darrell Mickasko burned to death trying to keep from freezing on an icy cold night on the streets."

"Darrell died only three blocks away from the Lookout emergency shelter, which was full that evening. He died only 9 blocks from city hall."

"Darrell is one of thousands. And I know I’m not alone in wanting this state of emergency to end," Robertson said. "Collectively, we are letting this take place, in a city with enormous resources, with compassionate citizens. It’s time for profound change to deal with homelessness."

The full house featured a number of key Robertson supporters, including former Green Party Vancouver school trustee Andrea Reimer, federal Liberal backroomer and ex-NPA strategist Greg Wilson, Susan Heyes,an activist for compensation for Cambie Street merchants whose business has been devastated by the Canada Line project, Canadian Union of Public Employees Local 15 president Paul Faoro, philanthropist and businessman Joel Solomon, environmentalist Valerie Langer, Strategic Communications president Bob Penner and a wide variety of community activists.

Robertson said he has four key goals: fighting homelessness with affordable housing, making Vancouver "the greenest city on the planet", making the city a "cultural capitol" and improving the quality of life for Vancouver residents, including ending unacceptable levels of property and violent crime.

Robertson also signaled he will not be afraid to use his past business background as one of the co-founder of Happy Planet juices to trumpet his approach.

"Our economy depends on keeping entrepreneurs thriving here at home," he said, adding that working together cooperatively is critical.

"My style, whether in business, politics or as an activist, has always been to mobilize the talent and leadership available to create change. To bring balance. To bring leadership without ego. And to get people working together towards solutions," Robertson said.

"These were the keys to building Happy Planet into a local success story. We attracted amazing people to work way too hard to build a business from which happiness flows. And will continue to flow – if you keep drinking our juice!" he concluded to laughs.

A nomination meeting has not been set by Vision Vancouver but is expected by June. The NPA membership will meet April 22 to decide whether to endorse the nomination of sitting NPA councilors and Sullivan or open up the process.

Key backroom federal Conservative backs Vancouver councilor Peter Ladner's challenge to Mayor Sam Sullivan

Bob Ransford, a key federal Conservative backroomer, is throwing his support behind Vancouver city councilor Peter Ladner's attempt to unseat Non-Partisan Association mayor Sam Sullivan.

Ironically, Sullivan has been rapped in the past for being too close to the federal Conservatives, particularly key Stephen Harper/Conservative operative Colin Metcalfe, who managed Sullivan's nomination campaign,

And Ransford is a former Sullivan supporter who backed the mayor in his 2005 nomination battle with former BC Liberal Deputy Premier Christy Clark.

Ransford is one of a small group of Ladner supporters featured on the councilor's Facebook website "Ladner For Mayor".

As of Saturday the website had 76 individuals subscribing.

The Facebook site also shows that 313 people contacted have not yet replied to an invitation to join, among them fellow NPA councilor Suzanne Anton - who has publicly said she is backing Sullivan, NPA caucus co-ordinator George Higgins - another Sullivan loyalist, former NPA councilor and president Tung Chan, Melissa De Genova, daughter of Vision Vancouver mayoralty seeker and former NPA Park Board Commissioner Al De Genova and even NDP MLA Maurine Karagianis!

Ransford was Conservative campaign co-chair in BC in the 2004 federal election, has been involved in more than 50 federal, provincial and municipal election campaigns and currently is a senior consultant with CounterPoint Communications.

Vancouver Councilor Peter Ladner blasts Mayor Sam Sullivan in announcing challenge for NPA nomination

Vancouver city councilor Peter Ladner pulled no punches in announcing his challenge to Mayor Sam Sullivan for the Non-Partisan Association nomination for mayor, saying Sullivan's leadership has the NPA "headed for the rocks."

Ladner also said Sullivan lacks public support and the confidence of voters.

In front of a huge throng of media, Ladner delivered a clear message - Sullivan must go.

"Overall I feel the mayor has lost the confidence of voters," Ladner said in response to questions. "I haven't seen any evidence, whether from a poll or people on the street, to say there's strong support for the mayor."

"When I'm part of a team and I see the ship headed for the rocks, I feel an obligation to change course," Ladner said.

Ladner, in his second term as councilor, refused to speculate on whether he would run as an independent candidate for mayor if NPA members refuse to open up the nomination process at an Annual General Meeting scheduled for April 22. But he did not specifically rule it out either.

Currently the NPA "green light" policy protects all incumbents from nomination challenges provided they meet criteria set by the party. Ladner wants that policy overturned by the membership, which would have to open all nominations to competition, not just the mayoralty nomination.

In his prepared statement Ladner said he wants to end the "petty bickering that has characterized city hall" and put the non-partisan back in the Non-Partisan Association.

Vision Vancouver councilor Raymond Louie and Sullivan spokesperson David Hurford, although speaking separately after the event, had similar perspectives.

"Councilor Ladner has the same voting record as the mayor," Louie said.

Hurford echoed that. "Councilor Ladner has voted with the mayor on every major issue," he claimed.

But earlier Ladner spelled out what he saw as several differences with Sullivan, saying he opposed the mayor's controversial personal trademarking of the term "eco-density", that he supported returning savings from last year's bitter CUPE strike to taxpayers while Sullivan did not, and that Sullivan voted against the downtown eastside Woodward's project while Ladner supported it.

Hurford said Sullivan retains solid support from NPA elected officials.

"The caucus members, other than Mr. Ladner, are supporting the mayor," he told reporters.

But several NPA elected officials have called for an open nomination process, including Park Board Commissioner Ian Robertson and School Board Trustee Eleanor Gregory.

Premier Gordon Campbell a political chameleon - from budget slasher to big government guy

Bill Tieleman’s 24 Hours Column

Tuesday February 19, 2008

Can't trust chameleon Campbell

BY BILL TIELEMAN

We intend to be a lean and efficient government.

- Premier Gordon Campbell, letter to cabinet ministers, June 25, 2001

What the heck has happened to Gordon Campbell?

Last Tuesday the B.C. Liberals delivered less a throne speech than a surprising and abject surrender to big government, with dozens of new initiatives announced.

From the new LiveSmart B.C. to the new Trees For Tomorrow program to the new Citizens' Conservation Council to the new Education Quality Assurance program, Campbell's plan looks like a politically risque TV show called Governments Gone Wild.

In fact, the word "new" is mentioned an amazing 142 times in the speech, while "reduce" or "cut" appear in just 14 spots, and only as in "we will reduce" greenhouse gases, not government!

Today's B.C. budget will not only confirm hundreds of millions in taxpayer dollars to be spent for the explosion of new government initiatives, but likely also a substantial gasoline tax increase, disguised as a "carbon tax" to save us from global warming.

Welcome to Big Government B.C. - Gordon Campbell, proprietor. Please hold onto your wallets as you enter.

Fortunately, there is a simple explanation for Campbell's seemingly erratic behaviour - he is a political chameleon with positions that change as radically as that camouflaged lizard's colour.

Many believe Campbell is a strong right-winger, committed to cutting taxes and red tape while slashing public services and workers, based on his opposition days and first term as premier.

And the B.C. Liberals did recklessly chop assistance for the poor, the sick and children in care with a vengeance.

Campbell also began a "core review" of government programs in 2001 that he said would ask "penetrating questions to get at the heart of public policy rationale and need." Significant cuts resulted.

But the truth about Campbell is more complicated.

As mayor of Vancouver and chair of the Greater Vancouver Regional District [now Metro Vancouver] Campbell massively expanded local government.

Surprisingly, Mayor Campbell hiked Vancouver's budget 53 per cent between 1986 and 1993, from $324.5 million to $498 million. Total salaries and benefits paid to city employees rocketed up by 59 per cent.

And who paid for it? Why, Vancouver taxpayers of course.

Homeowners' property taxes jumped 67.9 per cent during that period.

At the GVRD, Campbell presided over the three largest budget increases in the district's history.

So as today's budget speech highlights new spending and new taxes, shed a tear for the beleaguered true right-wingers and business leaders who boosted Campbell into office believing he was one of their own.

Just remember that when it comes to the role of government, instead of a moral compass, Campbell merely possesses a political weathervane, and the wind is blowing again.

Basi-Virk defence disclosure application alleges massive failure of Crown to disclose RCMP, other evidence in BC Legislature Raid case

UPDATED 5:25 p.m.

A defence disclosure application in the BC Legislature Raid case alleges that massive amounts of evidence from the RCMP investigation and other sources has still not been disclosed to the defence in contravention of an order by BC Supreme Court Justice Elizabeth Bennett.

The January 4, 2008 application by lawyers for David Basi, Bob Virk and Aneal Basi - the three ex-BC government aides facing corruption charges - was only made public today through the court registry.

The document - attached in full below in JPEG form - click on each page to see in larger format - cites a litany of missing RCMP officers' notes, wiretap transcripts, computer emails, questions about a deal with key Crown witness Erik Bornmann, a former provincial lobbyist and much more.

The remedies sought by the defence demand full disclosure of the missing information, including such items as a briefing note prepared for former RCMP Commissioner Giuliano Zaccardelli; complete inventories of all materials in the Ottawa and Vancouver RCMP headquarters offices and full details of the Bornmann deal.

However special prosecutor Bill Berardino said Monday in court that he has complied with all but eight items requested by the defence and is working to provide those shortly.

The application also alleges that a witness statement was destroyed by investigators, that calls between David Basi and prominent Vancouver lawyer Lyall Knott were taped in possible violation of the Charter of Rights and demands release of a witness statement giving an “opinion of two witnesses on the condition of anonymity.”

The allegedly destroyed witness statement came from a Darryl Black and the defence says it learned of the circumstance from a project room review of the RCMP's "IPOC" or Integrated Proceeds Of Crime files. There is no indication as to who Black is or what his possible connection to the case could be.

Basi-Virk - Hearings delayed till May 5, BC government waives cabinet privilege, defence concerned with undisclosed documents

UPDATED REPORT 3:45 p.m.

By Bill Tieleman, 24 hours columnist

The trial of three former B.C. government aides facing corruption charges has once again been delayed by at least two months due to problems with the disclosure of evidence to defence lawyers.

BC Supreme Court Justice Elizabeth Bennett was told that pre-trial disclosure hearings previously scheduled for March will instead begin on May 5 with the agreement of the Crown and defence counsel for David Basi, Bob Virk and Aneal Basi.

And George Copley, a provincial government lawyer, told Bennett that cabinet privilege will be waived over a number of documents related to the $1 billion BC Rail privatization, giving the defence access to them without a court ruling.

But a dispute over other documents the government has refused to release, citing solicitor-client privilege, has not been resolved.

Outside court Basi's lawyer Michael Bolton said a defence disclosure application filed January 4 requests access to a variety of documents from the RCMP's Ottawa headquarters file, the RCMP's Vancouver headquarters, an RCMP Special I [Technical Covert Surveillance] file dealing with wiretap materials, the RCMP's legal applications support file and from the Drug Enforcement Branch.

Bennett approved the public release of the disclosure application but copies were not available by deadline.

Another delay in the trial may come from a Crown appeal of Bennett’s ruling that the defence can be present in court when a secret witness gives testimony. Special Prosecutor Bill Berardino said a B.C. Court of Appeal hearing will be held June 9 on the matter.

Virk’s lawyer Kevin McCullough also complained to Bennett that defence efforts to obtain a “not disclosed” list of documents from the Crown has been repeatedly ignored.

“These are documents they are refusing to disclose now that are clearly relevant,” McCullough said. “I’m concerned.”

Following McCullough's interjections, Bennett agreed that a short update hearing be held on March 11 at 9 a.m.

NOTE - A shorter version of this report was published in 24 hours Tuesday.

Tieleman back from Mexico

Hola amigos y amigas! I'm back from a great vacation in Playa del Carmen, Mexico and back at it, once I finish that last margarita!

There's a big debate on this blog over Afghanistan and Canada's military mission there following my column on this topic Tuesday in 24 hours. Ian King from 24 hours and Terry Glavin from the Georgia Straight have at me and others - I'll respond shortly.

And watch for Basi-Virk case coverage Monday February 18 - my birthday! - and BC budget coverage and another column on Tuesday February 19.

I'll be back on CKNW's The Bill Good Show on Monday morning at 10 a.m. with Norman Spector as well.

Afghan Member of Parliament shows why Canadian troops should leave Afghanistan

Bill Tieleman’s 24 Hours Column

Tuesday February 12, 2008

Get out of A-stan already

BY BILL TIELEMAN

You cannot hide the sun. Truth is truth and truth is very powerful - but it is very risky.

- Afghanistan Member of Parliament Malalai Joya

Conservative Prime Minister Stephen Harper now wants to extend the military mission of Canadian troops in Afghanistan past an existing commitment till 2009.

Parliament will vote on an extension in March. Canada has already lost 78 soldiers and a diplomat in combat in that tragic country, which we simply do not understand.

And yet, neither Harper nor any government members bothered to meet the most courageous woman in Afghanistan when she visited Canada late last year to learn more.

But I did, and what I heard was deeply disturbing, about Canada's role and about the Afghanistan government we support.

Malalai Joya is an elected member of the Wolesi Jirga, the Afghani parliament, a 29-year-old woman who has already faced four assassination attempts and numerous death threats.

Why? Because she is fearless in speaking out against the current Afghanistan government of President Hamid Karzai and the warlords and druglords who are current legislators.

Her criticism caused the Wolesi Jirga to undemocratically suspend her from parliament - but it has not stopped her from speaking out.

And when I interviewed her, it was clear why the overwhelmingly male Wolesi Jirga tried to silence her - and why Canada should end its military role in Afghanistan as soon as possible.

Joya says working with the current Afghani government dooms our mission.

And she sympathizes with the families of Canadian soldiers killed in the war.

"To those parents who lost their sons and daughters in Afghanistan, it is not too late. They must raise their voices against the wrong policies of the government," Joya says.

"We need a helping hand, not occupation," she told me. "No country can bring liberation to us."

Joya condemns the Taliban guerrillas who are in combat with NATO troops, but she also condemns the Northern Alliance, mujahideen warriors who now run Afghanistan.

And Joya strongly opposes the death sentence facing Afghani journalist Sayed Parwez Kambaksh.

His crime? Allegedly "insulting Islam" by questioning discrimination against women in Afghanistan.

"Kambaksh has not broken any law, but he is a real journalist, one who is not afraid to write articles exposing the corruption of the fundamentalists in power," Joya told a British newspaper in January.

Is this the kind of government and democracy our troops should die to protect?

A country where a courageous woman is suspended from parliament and a brave journalist is sentenced to death?

It's time our own members of Parliament found some fraction of the courage Joya demonstrates and voted to end this disastrous military mission before more lives are lost.

Tieleman takes a break

I will be taking a week's holiday in Mexico starting Friday February 8 through 15, so articles and posting your comments will be sporadic.

But I'll be back in time for the next Basi-Virk Supreme Court installment on February 18 and the BC Budget February 19.

Hasta la vista, amigos y amigas!

Support a good cause - and taste some great BC wines

I urge you to support this good cause - helping the fight against ALS - Amyotrophic Lateral Sclerosis - also known as Lou Gehrig's Disease - and taste some excellent BC wines!

Vancouver Broadway Lions Club showcases over 20 of B.C.’s top wineries with a Wine Gala fundraiser and dinner on Saturday, February 16th, 2008 at 3:00 p.m. at the Executive Airport Plaza Hotel & Conference Centre, 7311 Westminster Highway in Richmond.

It will benefit the ALS Society of BC.

For details and a list of wineries, please go to my new Wine Barbarian blog at this link:

Support ALS at February 16 winetasting fundraiser and dinner

Polling results often inaccurate due to small sample sizes - but pollsters not disclosing

Bill Tieleman’s 24 Hours Column
Tuesday February 5, 2008

Polls don't tell the whole truth

By BILL TIELEMAN

Polls are for dogs.

- Prime Minister John Diefenbaker

Across Canada the federal Liberal Party is ahead of the Stephen Harper Conservatives by three percentage points, 32 per cent to 29 per cent say pollsters Harris/Decima.

Or the Conservatives are ahead of Stephane Dion's Liberals by eight points, 37 per cent to 29 per cent, reports Ipsos-Reid.

In provincial politics, the Green Party is at 21 per cent, just seven points behind the B.C. New Democratic Party, which at 28 per cent is a massive 20 points behind the Gordon Campbell B.C. Liberals at 48 per cent, according to Environics.

Or the B.C. NDP is at 35 per cent, the B.C. Liberals at 45 per cent and the Greens at 16 per cent, Ipsos-Canada says.

Huh? Welcome to the wacky world of political polling, where you can take your pick of results. Just don't criticize the pollsters!

Polling problems were highlighted again in the United States Democratic Party primaries last month, where a Gallup poll in New Hampshire said Barack Obama was 13 per cent ahead of Hilary Clinton just before the vote. But Clinton beat Obama by 39 per cent to 37 per cent.

One big problem is small sample sizes, something pollsters are very loathe to publicize.

In fact, when I contacted Environics Research last week to ask what the B.C. sample size was in their provincial poll, vice-president Tony Coulson e-mailed me that it was just 200, with a margin of error of plus or minus seven per cent.

But their online information doesn't mention that and even says that the results were from a poll of 2,032 residents of Canada with an estimated accuracy of within 2.2 per cent. Coulson said the lack of B.C. information was a "quality control error" and would be corrected.

Still, Ipsos-Canada senior vice-president John Wright isn't impressed by such complaints.

"Forgive me, but I've heard the argument on small sample size for 19 years," he said in an interview. "Would you have us put the margin of error after every number?"

Well, yes.

Here's the problem - a January 27 Ipsos-Canada federal polling news release states: "In British Columbia, the Tories at 43 per cent are well ahead of the Grits (26 per cent), NDP (15 per cent) and Green Party (13 per cent)."

Only if you download online polling tables do you find out that just a miniscule 110 voters were polled in B.C. - and the margin of error is not reported. In italics as the bottom of the news release it states that: "The margin of error will be larger within regions."

Bob Penner isn't impressed.

"Anything less than a 300 sample for B.C. should be viewed with a great deal of skepticism," says the president of Strategic Communications, 24 hours newspaper's official pollsters. "The NDP is not at 15 per cent in B.C. - that's a reflection of the sample size."

Time to walk the dog.

EXCLUSIVE: Canadian alleges firing from Toronto job for being born in Iran, sues General Dynamics for $4 million, lawyer blames US ITAR regulations

Man links birthplace to firing

By BILL TIELEMAN, 24 HOURS

A Canadian information technology expert is suing giant U.S. defence contractor General Dynamics for $4 million, claiming he was fired from his job because he was born in Iran.

Fred Montaseri, an Iranian-born Canadian citizen, was fired in July 2006 from a Canadian firm that has General Dynamics as a major client.

Toronto lawyer Paul Dollak says Montaseri was terminated by Oculus Info after General Dynamics threw Montaseri out of a corporate meeting when it learned he had been born in Iran. General Dynamics later demanded he be fired by Oculus, Dollak alleges.

Dollak says the United States' controversial International Traffic in Arms Regulations (ITAR), which restrict the employment of non-American citizens in defence and military technologies, has wrongly cost Montaseri his job in Canada.

Information not published in 24 hours

“I am going to argue that it was discriminatory and that’s abhorrent,” Dollak told 24 hours in an exclusive interview.

Kendell Pease, General Dynamics Vice-President for Government Relations and Communications, declined to discuss the case. “General Dynamics does not comment on matters under litigation,” Pease said from Falls Church, Virginia.

Montaseri said that although he obtained a reasonable settlement from Oculus Info, the incident has drastically affected his career and life.

“It’s a huge negative impact. A lot of it is emotional and psychological,” Montaseri said in an interview. “I was proud of our Canadian multicultural society. Now I feel people judge me differently.”

Montaseri, 42, was born in Iran but has lived in Canada for 21 years and been a citizen for over 16 years.

Montaseri says he met an Oculus Info requirement that he have been a Canadian citizen for more than 10 years and immediately began working on General Dynamics projects.

While attending a meeting at a General Dynamics office in Pittsburgh on July 20, 2006, just 10 days after beginning his new job at Oculus Info, Montaseri says he was removed from the meeting room immediately without being allowed to take his personal possessions with him and escorted off the premises.

“When I asked why they said: ‘Because you were born in Iran.’ It didn’t matter that I was a Canadian citizen,” Montaseri says.

He was ordered by Oculus to fly back to Toronto that day and the next morning was terminated.

Montaseri’s statement of claim says Oculus told him he was fired because “he was born in Iran and for that reason, and for that reason alone, he posed a security risk for all General Dynamics projects in which Oculus was a participant.”

Dollak says General Dynamics’ actions amount to an “inducement of breach of contract and intentionally interefered with economic relations.”

The lawsuit is the first of its kind in Canada, Dollak said, although there have been other examples of Canadian workers with dual citizenship being denied ITAR security clearance on U.S. military projects in Canada.

In January a Haitian-born Canadian citizen reached a settlement with Bell Helicopter Textron Canada after he was refused a position in its internship program. That settlement ends the worker’s discrimination complaint to the Quebec Human Rights Commission.

Take Charge! Rally today to oppose privatization of power in BC

I am pleased to be speaking today at 1 p.m. at the Vancouver Art Gallery steps off Robson Street as part of the Take Charge events across BC. Here are details for Vancouver:

Saturday February 2
Vancouver
Education and RALLY!

Bill Tieleman (political commentator), Joe Foy (Western Canada Wilderness Committee), Shane Simpson, MLA, Tom Rankin (Save Our Rivers Society), music and theatre as well as information and take action pieces!

Vancouver Art Gallery, Robson and Hornby Sts
1:00-2:00 PM

Information table will be set up 12:00-4:00PM

Expert panel from environmental, social justice, human rights and labour organizations on run of river projects and the BC government's energy plan . Speakers include David Black (COPE 378, Take Back the Power), Gwen Barlee (Western Canada Wilderness Committee), John Calvert (CCPA, Citizens for Public Power), Tom Rankin (Save Our Rivers Society), Grand Chief Stuart Phillip (Union of BC Indian Chiefs).

Ukrainian Hall , 154 East 10th Avenue (between Main and Quebec)
7:00 PM

The Day of Action is co-sponsored provincially by the Council of Canadians, COPE 378, the Western Canada Wilderness Committee, Citizens for Public Power, the BC Federation of Labour and CUPE BC.

Basi-Virk Justice Bennett says some emails government claiming privilege over could be critical to defence

Justice Elizabeth Bennett has told defence lawyers that three of more than 100 previously missing emails in the BC Legislature case she has reviewed so far have "significant relevance" to the defence and one could affect "innocence at stake" - a legal term that would override provincial claims of privilege over the document.

Bennett made the comments Thursday January 31 in the course of a hearing that is preceding the trial of David Basi and Bob Virk, ex-ministerial aides, on breach of trust and fraud charges and Aneal Basi, a former government communications staffer, on money laundering charges.

"Anything to do with BC Rail I deemed relevant," Bennett said Thursday. Virk's lawyer Kevin McCullough said in court that 92 emails have so far been deemed "relevant" to the case.

But how important is the "innocence at stake" email?

The "innocence at stake" issue is an important one for claims of privilege. In Basi-Virk both solicitor-client and cabinet privilege is being claimed by the provincial government.

One of the key legal discussions came in R. v. McClure in 2001 in the Supreme Court of Canada, which canvassed the limits of solicitor-client privilege.

The following excerpts explain the concept:

"The solicitor-client privilege is a principle of fundamental importance to the administration of justice as a whole. Despite its importance, however, the privilege is not absolute and, in limited circumstances, may yield to allow an accused to make full answer and defence. The appropriate test for determining whether to set aside solicitor-client privilege is the innocence at stake test. The test is a stringent one.

The privilege should be infringed only where core issues going to the guilt of the accused are involved and there is a genuine risk of a wrongful conviction."

Before the innocence at stake test is even considered, the accused must establish that the information he is seeking in the solicitor-client file is not available from any other source and that he is unable to raise a reasonable doubt as to his guilt in any other way.

The test is applied in two stages in order to reflect the dual nature of the judge’s inquiry. At the first stage, the accused seeking production of a solicitor-client communication must provide some evidentiary basis upon which to conclude that there exists a communication that could raise a reasonable doubt as to his guilt.

At this stage, the judge has to decide whether she will review the evidence. The judge
must ask: 'Is there some evidentiary basis for the claim that a solicitor-client
communication exists that could raise a reasonable doubt about the guilt of the
accused?' It falls to the accused to demonstrate some evidentiary basis for his claim."

The pre-trial hearing resumes on February 18 at 9 a.m.

Basi-Virk defence demands BC government disclose secret documents; says still more emails missing

Lawyers in the B.C. Legislature raid case are demanding the provincial government waive assertions of privilege on a series of documents related to the $1 billion sale of B.C Rail that they says are critical to defend their clients.

And the defence says still more emails that should have been disclosed as evidence are missing. It was revealed early this week in B.C. Supreme Court that up to 140 emails had not been disclosed and that a hard drive apparently seized in the 2003 search of the Legislature was wrongly found in the court registry.

Former provincial ministerial aides David Basi and Bob Virk face breach of trust charges for alleging leaking confidential B.C. Rail documents to a lobbyist for one of the bidders.

Michael Bolton, counsel for Basi, said the government position argued by lawyer George Copley of claiming cabinet or solicitor-client privilege over the emails is delaying the trial.

“I am going to urge that the special prosecutor assert to the government, to the cabinet, to Mr. Copley that privilege be waived over these documents so we can get on with this trial,” Bolton said. “We’ve had serious, serious problems.”

Bolton said the trial had previously heard: “The premier’s comments in the House last May that there’s going to be openness and the special prosecutor will get what he needs.”

Virk’s lawyer Kevin McCullough argued that emails continue to be missing, including from personal Blackberry devices.

“There’s serious concern, looking at everything there, that there are emails missing,” McCullough said. "We don't have the Blackberry files."

The court also heard a clarification from Justice Elizabeth Bennett about how she had discovered a mystery computer hard drive in the Supreme Court Registry, which she reported on Tuesday.

"I did not go to the registry looking under a desk covered in cobwebs," Bennett said, adding that the registry clerk found the hard drive after Bennett called.

Crown prosecutor Janet Winteringham told Bennett on Thursday the hard drive is a "mirror-image" copy of other computers taken Dec. 28, 2003, when the B.C. legislature was raided. It was apparently booked into the registry's vault in March 2004 but should have been disclosed to the defence.

McCullough complained that there appear to be two standards for police when dealing with computer records, one for the accused and another for the two lobbyists accused of bribing Basi and Virk - Erik Bornmann and Brian Kieran - who turned key crown witnesses and face no charges.

"My client's position is going to be that emails are missing - that clearly indicates the originals must be checked," he said to Bennett .

"So are you saying that there was a flaw in the duplication process or that emails were deleted before the hard drives were seized," she asked.

"I don't know, milady," McCullough responded. "When it came to Mr. Bornmann and Mr. Kieran and a corrupted hard drive the police made no real effort to correct it compared to Mr. Basi and Mr. Virk's computers."

Then, referring to a third defence disclosure request for more evidence, McCullough seemed to warn of future fireworks in court: "I don't bring this application wihtout a mountain of problems to support it."

The hearing resumes February 18 at 9 a.m. for a one hour session to deal with the privilege questions over the emails. The trial remains scheduled to begin on March 17.

NOTE: A shorter version of this story was published by 24 hours newspaper Friday February 1, 2008.

Basi-Virk: another suspiciously surreal chapter in a political scandal case

Railgate Just Got Weirder

Fast ferries, secret e-mails, mystery hard drives: Basi-Virk case's wild week.

By Bill Tieleman

Published: January 30, 2008

TheTyee.ca

Secret e-mails about B.C. Liberal political operatives' actions in the sale of B.C.'s ill-fated fast ferries. E-mails the government wants to keep secret about the $1 billion B.C. Rail privatization. E-mails perhaps sent to the office of Premier Gordon Campbell.

And a mystery computer hard drive seized in the 2003 B.C. legislature raid and found in the wrong place in 2008 -- the B.C. Supreme Court Registry -- by the presiding judge herself!

Welcome to another suspiciously surreal chapter in the case of former provincial government aides David Basi, Bob Virk and Aneal Basi who face corruption charges, now entering its fifth year without going to trial.

But this week's B.C. Supreme Court pre-trial hearings opened up the intriguing possibility that evidence from up to 140 e-mails not previously disclosed to the defence will give the public another window into the operations of the Gordon Campbell government.

And for the first time, the subject of Virk's "running orders" as a political aide regarding the sale of B.C.'s controversial three fast ferries built under the previous New Democratic Party government's term was raised in court.

Virk's lawyer Kevin McCullough let slip that reference Tuesday when telling Justice Elizabeth Bennett that he wanted to ensure she saw both the e-mails and attachments to them because: "when something deals with the fast ferries and Mr. Virk's running orders...."

Just following orders: defence

Outside the courtroom, David Basi's lawyer Michael Bolton elaborated on what might be in the e-mails, which the defence has not seen but presumably the accused have some knowledge of, having received them while in government.

"The role of documents like that relates to the roles and functions of ministerial assistants regarding political initiatives," Bolton said. "It's relevant to the broader defence."

That defence, of course, asserts that Basi and Virk were merely pawns in a larger game played by higher ups.

Basi and Virk face charges of breach of trust and fraud for alleging giving confidential government documents on the B.C. Rail deal to Erik Bornmann, a lobbyist acting for OmniTRAX, in exchange for money and other benefits. Bornmann and Pilothouse Public Affairs lobbyist partner Brian Kieran have both turned crown witnesses and face no charges.

In a May 2007 court session, Bolton laid out the defence argument for Bennett.
"The case of the defence is that at no time did the accused do anything that was not explicitly or implicitly authorized by their political masters," Bolton said then.

Bolton argues that Basi and Virk merely facilitated a government-wide strategy to ensure B.C. Rail bidder OmniTRAX stayed in the dubious privatization process after fellow bidder CP Rail dropped out. Had OmniTRAX quit it would have left only the eventual winner CN Rail as a bidder, causing political turmoil for the B.C. Liberal government.

"What they did was critical to the survivability and electability of the [provincial] government," Bolton said in May, arguing that Basi and Virk are fall guys for politically more important or more connected players.

Government allegedly sitting on many e-mails

Details about those players and their role in the B.C. Rail sale may also come tumbling out -- if the defence is successful in having up to 140 secret e-mails connected to the deal disclosed to them.

Provincial government lawyer George Copley divulged their existence Monday and said the government is claiming either solicitor-client or cabinet privilege over them, meaning they should not be disclosed unless Bennett finds them relevant to the defence.

Copley's statement drew a frustrated response from lawyers for the accused.

"The net of it is the defence says we have a big problem," McCullough told Bennett. "These documents should be here right now, you should be reviewing them right now."

"This process has fallen down so badly that we have 100 to 140 e-mails that no one has reviewed," he said.

That led to another surreal scene, as Copley said that Associate Chief Justice Patrick Dohm, who had initially authorized the search warrants for the legislature, might have previously reviewed the e-mails and inadvertently misplaced them somewhere.

"So I should ask his secretary to search his office?" Bennett asked to much laughter in the courtroom.

But McCullough didn't find it a totally amusing suggestion.

"I appreciate the humour, but I don't think these e-mails ever went to Mr. Justice Dohm," he told Bennett. "That's outrageous. They dropped the ball and they want to suggest that maybe Mr. Justice Dohm didn't put some of them back in the envelope?"

Bennett decided the safest course was to indeed check with Dohm. She later reported back that, no, Dohm did not have the missing e-mails or recall reviewing them.

Hard drive turns up in wrong place

But on Tuesday Justice Bennett's perseverance in attempting to find out where the e-mails had been hidden for four years led to yet another discovery announced in court -- that she herself had located a mysterious computer hard drive possibly containing the original e-mails sitting undetected in the B.C. Supreme Court's registry.

"Can anyone shed light on the hard drive at the registry?" Bennett asked a courtroom full of surprised lawyers. "It shouldn't be at the registry -- that's about the last place it should be -- although it's safe there."

Bennett, a former prosecutor herself, wasn't kidding about the inappropriate location of the hard drive. Defence lawyer Bolton was aghast as well.

"We'll certainly be asking questions about how and why this came to be here," Bolton said outside court, adding that it appeared the hard drive had been there "for years."

"There absolutely is the possibility of a chain of custody issue," he said. "Very serious concerns were raised about the integrity of evidence."

In court, special prosecutor Janet Winteringham told Bennett she's not sure why the hard drive was at the registry or whether information it contained had been disclosed.

But Bolton said outside court that he believes the hard drive "certainly would appear to include the missing e-mails."

In court, McCullough raised another issue: he wants to know the names of everyone who actually received the e-mails, including those who may have had it forwarded to them.

"It's very helpful to see the forwards," McCullough said. "When a person you wouldn't think in the premier's office is getting it."

NDP on the attack

All of these developments combined to draw fire from the NDP opposition Tuesday. "The ongoing problems around disclosure raise suspicions these documents are compromising to the government," NDP MLA Mike Farnworth (Port Coquitlam -- Burke Mountain) said in a news release. "The only way to clear this up is to bring them into the public light as the premier personally promised."

A call to Campbell's communications director Dale Steeves was not returned by deadline, but in the past Campbell has declined to comment about issues related to the case, saying only that it is before the courts.

And defence lawyer Bolton ended the day by telling reporters he fully expects the trial to proceed as scheduled on March 17 this year despite disclosure problems.

"The judge is certainly doing everything she can to move the case along," he said when asked if the trial can start on time.

For wary reporters who have seen the trial date postponed half a dozen times and faced other regular and substantial delays, it was a rare bit of optimistic news, perhaps even as surreal a possibility as anything else in this strange case.

Related Tyee stories:

· Railgate: Unearthed E-mails 'Out of this World' Says Defence 'Very critical stuff' from premier's 'inner circle.'

· Railgate: Judge Blows Stack 25,000 new pages of evidence; defence pursues dismissal.

· Tieleman Hit by Break-In Reporter thinks intruders sent Railgate 'message.'

Judge discovers mystery computer hard drive in Supreme Court Registry containing BC Legislature raid emails; defence raises fast ferries politics

A case involving allegations of political corruption got more bizarre Tuesday when B.C. Supreme Court Justice Elizabeth Bennett revealed that a computer hard drive seized in the B.C. Legislature raid in 2003 is sitting in the court registry.

And defence lawyers said up to 140 emails the provincial government is trying to keep secret include information about the “running orders” of an ex-ministerial aide regarding “political initiatives” around three fast ferries sold by B.C. Ferries for a fraction of their initial cost.

“Can anyone shed light on the hard drive at the registry?” Bennett asked a surprised courtroom full of lawyers. “It shouldn’t be at the registry – that’s about the last place it should be – although it’s safe there.”

Lawyers for David Basi and Bob Virk, former provincial aides accused of leaking confidential government documents to a lobbyist representing a bidder in the $1 billion B.C. Rail sale, were alarmed by the latest discovery of missing evidence.

“Very serious concerns were raised about the integrity of evidence,” Michael Bolton said outside court. “We’ll certainly be asking questions about how and why this came to be here.”

Bolton said the emails on the B.C. Rail deal, whose existence was only revealed in court Monday, also include information about the controversial fast ferries that is relevant to the Basi and Virk’s defence.

”The role of documents like that relates to the roles and functions of ministerial assistants regarding political initiatives,” Bolton said.

Kevin McCullough, Virk’s lawyer, said in court that the defence also wants to know exactly who the emails went to, asking if staff in Premier Gordon Campbell’s office were among the recipients.

“It’s very helpful to see the forwards,” McCullough said. “When a person you wouldn’t think in the premier’s office is getting it.”

In court special prosecutor Janet Winteringham told Bennett she’s not sure why the hard drive was at the court or whether information contained on it had been disclosed.

But Bolton told reporters afterwards that the hard drive would appear to have been in the court registry for years.

And Bolton said he believes that despite problems with disclosure of evidence, the case is moving towards the planned March 17 trial start.

“The judge is certainly doing everything she can to move the case along,” he said when questioned whether the trial can start on time.

"Prince of Pot" Marc Emery should stop the whine, do the time for drug charges he brought on himself

Bill Tieleman’s 24 Hours Column

Tuesday January 29, 2008

Emery needs to face music

BY BILL TIELEMAN

This is an epic struggle between good and evil. You couldn't pick a more virtuous person to go up against evil.

- Marc Emery

B.C.'s self-proclaimed "prince of pot", Marc Emery, will soon have to call himself the "prisoner of pot" when he starts serving a five-year sentence for marijuana smuggling.

And I'm tired of hearing Emery's pious complaints and self-serving heroic justifications for his actions.

Emery freely admits he sold $15 million worth of marijuana seeds by mail in the last 10 years and that over half his customers were in the U.S., more than 70,000 people.

That's what brought U.S. charges of drug dealing and an extradition request.

Emery's lawyers have negotiated to avoid the U.S. courts, where he could face a life sentence.

Instead, he will plead guilty and accept five years in a Canadian jail with no parole or early release, while charges are dropped against his co-accused employees.

I don't feel sorry for Emery at all. He willfully broke U.S. laws to challenge America's losing "war on drugs".

Fighting what one believes are unjust laws can be a noble calling. But shipping marijuana seeds illegally into a foreign country and then whining about it when they take offence isn't noble - it's just dopey.

And while some defend Emery, saying marijuana should be legal and his business hasn't been busted in Canada, put the shoe on the other foot.

Would Canadians accept an American handgun activist mailing pistols into this country because our own restrictive laws should be changed? How about sending cocaine or heroin?

Of course not. The point isn't whether marijuana should be legalized, it's that each country has its own laws and the right to determine them.

We can strongly disagree with their laws but we can't freely violate them.

But a few journalists think Emery is a hero.

Ian Mulgrew wrote in the Vancouver Sun that: "He shouldn't do a day, period." And a National Post editorial said: "This is a travesty for a man who, as he correctly states, 'has no victims.'"

Emery isn't personally responsible but as Metro Vancouver counts the mounting dead in gang murders how can anyone think the illegal drug trade doesn't have victims?

Emery is right on one thing though - Canadian authorities have been shamefully gutless in not charging him with trafficking marijuana.

Police and governments are afraid he would get a minimal sentence but it also shows that Emery could have kept selling seeds in Canada without fear of prosecution and remained "prince of pot" in freedom.

Instead Emery deliberately provoked the U.S. government into charging him. Now he has to accept the consequences - do the time, stop the whine.

Basi-Virk defence demands over 100 emails on BC Rail case that government wants kept secret be disclosed to judge

The defence in the B.C. Legislature Raid case is demanding that up to 140 emails related to the $1 billion privatization of B.C. Rail that the provincial government wants kept secret be disclosed to the judge hearing the case.

Defence lawyer Kevin McCullough argued in B.C. Supreme Court Monday that Justice Elizabeth Bennett must immediately review the undisclosed emails to determine if they are relevant to the defence of David Basi and Bob Virk, former provincial ministerial aides facing breach of trust charges.

“The net of it is the defence says we have a big problem,” said McCullough, Virk’s lawyer. “These documents should be here right now, you should be reviewing them right now.”

Provincial government lawyer George Copley, who revealed the existence of the emails, told Bennett he would get them to her right away. The full day pre-trial hearing was instead adjourned before lunch until Tuesday.

New Democratic Party MLA Mike Farnworth said after attending the court session that the government should not be trying to restrict defence access to documents.

“Any and all documents should be fully disclosed – it’s a disgrace if they’re not,” he said in an interview. “Once more, another day, another delay.”

The defence was previously seeking access to 17 B.C. Rail-related emails but Copley acknowledged in court that there are far more over which the government is claiming either solicitor-client privilege or cabinet privilege.

McCullough again criticized the lack of disclosure to the defence.

“This process has fallen down so badly that we have 100 to 140 emails that no one has reviewed,” he said.

At one point Bennett contacted Associate Chief Justice Patrick Dohm, who initially authorized search warrants for the Legislature, to see if he had reviewed them. Dohm had not.

NOTE: A shorter version of this story was published in 24 hours newspaper Tuesday January 29.

Ooops! Green Party's Elizabeth May does it again! Embarrassing comments on troops in Afghanistan

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.”

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/.

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.

- 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.

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.

- Premier Gordon Campbell

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.

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.

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.