One of the crime scenes

Monday, March 19, 2007

The Sentinel's
Cesspool

Some of the folks here may have noticed an individual of apparently limited mental capacity and vocabulary, who comes here simply to annoy people. I've told him to get off threads unless he wants to be on topic. So since I'm not as willing to censor him as he is to even censor himself at his place, I am creating this thread just for him, or anybody who has any thing to say about him or what he says. I may have to just delete it all pretty soon, he seems to lose it quite rapidly. But we shall see. If you want to see the kind of hate-mongering stuff this pompous poser posts at his own cesspool, The Sentinel, just click on the name he uses when he's not posing as somebody else, and good luck with your stomach!


BTWSentAnal, if you stay away it really wouldn't hurt my feelings. But I'll leave this here, because I'm sure there are some people with some thoughts to share about how clueless and classless you are. I would adjust my meds or something, if I were you -----EEEEEEEEEEK, what a sickening thought! But I'm not, thank goodness!


Update: March 24, 2007


I just put up the definitive explanation of moderation at Freedom of Speech and waste of bandwidth - The Sentinel at "The Sentinel for Dummies."





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Friday, March 16, 2007

Infamy Comes
INMany Flavors

BC Mary didn't appreciate my choice of a name for this blog, as she felt that it showed a lack of respect for the Legislature. However my feeling is that the Legislature and the creatures and criminals that inhabit it bring disrespect upon themselves and the beautiful Rattenbury building that they so often disgrace. Also the Legislature Raids and the still unresolved issues behind them are not the only infamous deeds that transpire there. Often people just plain stand up there and LIE. Of course they are "technically" allowed to lie there, as they are protected by so called Parliamentary Privilege and can pretty much say anything they want, even if it is a lie and/or would be considered libelous if said out on the street. Hell, I could even be accused maybe of libel for even suggesting that they tell lies when they are in the chamber. For anyone considering launching such a suit all I can say is "Good Luck" and which guitar do you want? And oh yeah, you'll have to buy new strings for it, maybe a new case also, depending on which one you pick.


As I was waking up this morning to the CBC Radio News, I heard that our MLAs had been going around and around about the issue of the recent crash that killed three female farm workers and put eight or so in the hospital. Apparently the van had been carrying 17 people, and was only equipped with TWO seatbelts. Yet also apparently the van had passed an inspection within the last month. Now I guess two seat belts would be plenty, as long as there were only two people riding to work in it. However, it seems unlikely to me that anyone would expect a van capable of carrying (with an appropriate number of seat belts) 12 or 15 (not 17) to be used to carry TWO farm workers.


When the NDP opposition tried to hold the current government accountable for the reduced number of inspections, the Lieberals tried to change the subject to wages. They claimed to have raised farmworkers wages by 23% in 2001. They didn't even seem embarrassed when it was accurately pointed out that those increases had taken place under the previous NDP government in the nineties (source CBC Radio). It turns out that all the current government had done regarding the wages of farmworkers was to remove the requirements to pay overtime and holiday pay. Oh, but they did make it possible/required for the farm owners to pay by direct deposit or something really important like that.


Some amusing and/or disgusting moments from the House from Hansard for last Tuesday the 13th are:

Hon. O. Ilich:(Minister of Labour-kc) I think that the members opposite should get their facts straight. Today the average minimum wage for workers in the agricultural industry is almost $14 an hour.

Interjections.

Mr. Speaker: Members. Members. Leader of the Opposition has a further supplemental.

C James:. Well, Mr. Speaker, it's very clear that the minister has not spoken to anybody who actually works on the farm. I'd actually like to give the information to the minister. Workers out in the field picking blueberries must collect 22.1 pounds of blueberries every hour to be able to make minimum wage — every hour. That's almost 200 pounds of blueberries in eight hours. Many of these workers are women and seniors.

It was this government that eliminated the minimum wage for farmworkers. It's this government that doesn't care about workers being exploited.

Interjections.

I'm pretty sure that Ms. James is referring to the "real" minimum wage here, not the imaginary "average" minimum wage of $14.00 per hour. Indeed a little later an NDP member rose to add the following.

R. Chouhan: Yesterday the Minister of Agriculture stated in the House: "The agricultural workers in B.C. are some of the highest-paid agricultural workers anywhere in Canada — $12 and $13 an hour." Now, after 24 hours, the wages have gone up to $14 an hour.

Interjections.

Don't forget, we are living in the most wonderful place on Earth under the rule of the most wonderful government ever, so why wouldn't minimum wages increase by a dollar an hour every night. At this rate, maybe in a couple months it won't take 68% of the average income in Vancouver to own and maintain a home.

Later my own MLA, Corky Evans, had this to say.

C. Evans: Hon. Speaker, I don't live in a wonderland. I live in British Columbia, and as every farmworker knows, this is no wonderland.


Maybe someday, maybe sooner than later, the name of my Blog will become inappropriate. Frankly I would love for that day to be yesterday. But I won't hold my breath.


For those that are masochistic, have lots of time on their hands or just really appreciate weird humor, the whole exchange from last Tuesday follows below the fold, as it were. Just click on the place where it says "Click Here for More!"

   More

Oral Questions

EMPLOYMENT STANDARDS FOR
FARMWORKERS

C. James: Yesterday in question period the Minister of Labour failed to defend her government's policy to strip farmworkers of basic rights like minimum wage. She and the Minister of Agriculture gave conflicting answers that showed that the B.C. Liberals can't be trusted to protect these vulnerable workers.

To the Minister of Labour: has her ministry conducted an analysis of the pick rate for workers? How many are actually getting minimum wage, and how many are being exploited by this government's policies?

Hon. O. Ilich: As a matter of fact, the changes that were made in 2001 did not have anything to do with what workers were paid or how they were paid. The piece rate for workers was introduced in 1981. It was the same the whole time that the members opposite were in government.

What we did do was that we went to a direct-deposit system in 2001, which means that workers actually got paid and they got paid on time. The rate in 2001 was also increased by 23 percent. That was something our government did, not their government.

Interjections.

Mr. Speaker: Members. The Leader of the Opposition has a supplemental.

C. James: Once again, the minister is without the facts. Direct deposit does nothing for farmworkers if they're not making minimum wage. Yesterday….

Interjections.

Mr. Speaker: Members. Members. Leader of the Opposition has the floor.

C. James: Yesterday the Minister of Agriculture said that minimum wage, overtime and holiday pay were built into the piecework rates. Today the Minister of Labour can't even answer a basic question, which is about how many workers are actually making minimum wage. And she certainly doesn't seem to care about how workers are being exploited by her government's policies.

So my question to the Minister of Labour is: does she know how many pounds of blueberries a worker has to pick to be able to make minimum wage?

Hon. O. Ilich: I think that the members opposite should get their facts straight. Today the average minimum wage for workers in the agricultural industry is almost $14 an hour.

[1355]Jump to this time in the webcast

Interjections.

Mr. Speaker: Members. Members. Leader of the Opposition has a further supplemental.

C. James: Well, Mr. Speaker, it's very clear that the minister has not spoken to anybody who actually works on the farm. I'd actually like to give the information to the minister. Workers out in the field picking blueberries must collect 22.1 pounds of blueberries every hour to be able to make minimum wage — every hour. That's almost 200 pounds of blueberries in eight hours. Many of these workers are women and seniors.

It was this government that eliminated the minimum wage for farmworkers. It's this government that doesn't care about workers being exploited.

Interjections.

Mr. Speaker: Members. Members. Let's listen to the question, please.

C. James: My question again to the Minister of Labour: will she commit today to reinstate the basic rights that workers deserve, which her government took away?

Hon. O. Ilich: The piece rate for farmworkers has been in effect since 1981. Their government did nothing about it, did not make any changes for ten years. We increased it in November of 2001 by 23 percent.

R. Chouhan: Yesterday the Minister of Agriculture stated in the House: "The agricultural workers in B.C. are some of the highest-paid agricultural workers anywhere in Canada — $12 and $13 an hour." Now, after 24 hours, the wages have gone up to $14 an hour.

Interjections.

Mr. Speaker: Members.

R. Chouhan: My question is to the Minister of Labour. If farmworkers are making that much, will she make the necessary amendments to the Employment Standards Act to ensure that the farmworkers are paid the guaranteed minimum wage?

[ Page 6153 ]

Hon. P. Bell: I'm not sure what part of this the members opposite don't get. This was the government that in 2001 lifted the piece rate by 23 percent.

What did the NDP do during the 1990s? Let's analyze that. They presided over the largest decrease in ag workers' wages in the history of British Columbia — a drop of 21 percent in a single year.

Interjections.

Mr. Speaker: Members. Members from both sides. We're not going to start question period until there's silence.

Member has a supplemental.

R. Chouhan: Mr. Speaker, I do. I hope that in the same loud voice the Minister of Agriculture and the Minister of Labour will confirm today that farmworkers will be paid guaranteed minimum wage as of today.

Yesterday the Minister of Labour tried to deflect her terrible record and blame a past government. She accused the NDP of shutting down the agricultural compliance team. She was wrong. She was wrong like her other colleagues. The program was established in 1997, not shut down. The team had the power to inspect vehicles on site during unannounced inspections.

Once again we cannot trust this government to represent the workers. When is the Minister of Labour going to stop blaming others for her failed policies and reinstate the rights and protections they stripped away from farmworkers?

[1400]Jump to this time in the webcast

Hon. P. Bell: Mr. Speaker, you know, this is just typical NDP. It's about supporting their big labour friends. Do you know what? I think that they're getting….

Interjections.

Mr. Speaker: Members. Members.

Interjection.

Mr. Speaker: The Minister of Agriculture still has the floor. Continue.

Hon. P. Bell: This is about the NDP just wanting to support their big labour friends. Let's look at the history. Let's look at the history of what happened. There was rampant UI fraud during the 1990s. Workers were having go cap in hand to their employers to try and get paid. We put in mandatory direct deposits. Workers get paid a fair wage right now in this province, and they're the third-highest-paid ag workers in all of Canada.

Interjections.

Mr. Speaker: Members. The member for New Westminster has the floor.

C. Puchmayr: In 2002 former Labour Minister Graham Bruce directed the employment standards compliance staff to "reduce their presence in the fields during the harvest." Yesterday the Minister of Labour agreed with Mr. Bruce. She stated in this House: "We obviously know that inspections are not what is required." Well, I say to this House: she is wrong.

Can the Minister of Labour tell this House today how many WorkSafe inspections, how many WorkSafe compliances, how many workplace orders and penalties were written in 2005 and 2006?

Hon. P. Bell: Mr. Speaker, you know, I'm not sure why it is that the opposition just thinks the entire agriculture industry is so disparaged. I can't believe that the members opposite would think this isn't an honourable industry — an industry that has an incredible reputation over the years.

Let's look at the facts, because I think that's appropriate. If we look at the inspections, in the year 2000 under that government there were 20,000 inspections that occurred in the province of British Columbia in the agricultural sector. In 2006 there were 26,000. That's a 30-percent increase.

Interjections.

Mr. Speaker: Members.

Interjections.

Mr. Speaker: Members. I remind members: through the Chair when you're speaking. The member has a supplemental.

C. Puchmayr: Less than 1 percent of all inspections in industry in British Columbia were done on farms in 2006 — less than 1 percent. Do you know how many penalties there were? In 2005 there was one penalty issued; in 2006 there were none.

Will the Minister of Labour stand up and tell this House that she will increase the inspections and look at the regime that is left by this government — that this government has left behind and is no longer respecting farmworkers?

Hon. P. Bell: Clearly, the NDP are living in Wonderland out there somewhere, because they can't transpose the numbers. They don't have a mathematician amongst them. In the year 2000 there were 34,000 orders written; in the year 2006, 46,000 orders — a 35-percent increase and $1.5 million worth of orders written. Those are the facts; those are the numbers.

Interjections.

Mr. Speaker: Members.

C. Evans: Hon. Speaker, I don't live in a wonderland. I live in British Columbia, and as every farmworker knows, this is no wonderland.

[1405]Jump to this time in the webcast

I find it somewhat offensive that this debate tends, especially from folks on the other side, to be, "We're the

[ Page 6154 ]

best, and you're the worst" or "You're the worst, and we're the best," and….

Interjection.

C. Evans: Just hang on. You'll get your chance, Member.

Interjections.

Mr. Speaker: Members. Members.

C. Evans: I find it somewhat offensive….

Interjections.

Mr. Speaker: Members.

C. Evans: The real issue isn't which government is the best. The real issue is whether or not farmworkers, as a class of citizen, are denied what everybody else in this building and everyone in the gallery and what we expect for all of our children…. In fact, if you take politics out of it, you want to say: "We stand up for farmworkers."

Will the Minister of Agriculture please agree to simply give farmworkers the same guarantees under the Labour Code and the laws of British Columbia that every other worker in the province has?

Hon. P. Bell: I can actually do better than that. I can guarantee this member that British Columbia ag workers have the same rights and privileges as in every one of the other nine provinces in Canada. Our regulations are exactly the same. They all work under piece-rate legislation opportunities. Our rules are the same as every province in Canada.

Interjections.

Mr. Speaker: Members.

The member has a supplemental?

C. Evans: Sure. Do you see how the bafflegab works, hon. Speaker? We ask…

Interjections.

Mr. Speaker: Members.

C. Evans: …if agriculture workers could be treated like every other worker in British Columbia, and the hon. minister says: "Oh, we treat them like farmworkers in every other province."

What we're asking is that every citizen here be treated the same — every worker. Whatever you expect for your children, give the same protection to farmworkers — not what works in Canada.

Will the Minister of Agriculture give farmworkers, regardless of what language they speak or where they came from or their citizenship status, the same rights and privileges as every other worker in the province today?

Hon. P. Bell: I find that a little tough to take from the minister of the day who actually cancelled the compliance team in 1997 when he was the minister. Yesterday he got up and gave us a little outburst in the House that showed a passion for ag workers.

Well, you know what, Mr. Speaker? Accidents and fatalities have decreased dramatically under this government. In 1997 in the agricultural sector, 1,300 injuries. In the year 2005 in the agricultural sector, 500 accidents. In the year 1997, 12 fatalities. In the year 2005, three.

We deliver real results. We look after farmworkers in British Columbia.

M. Farnworth: What has become patently clear in this House over the last six days is that when it comes to farmworkers, there is no Minister of Labour in this province.

I'm going to give the Minister of Labour a chance to redeem herself. Does she believe that women and seniors who pick berries for eight hours a day without a break are big labour? Or does she believe that they should stop being treated like second-class citizens and get the rights and protections that everybody else deserves?

[1410]Jump to this time in the webcast

Interjections.

Mr. Speaker: Members.

Hon. P. Bell: I'll tell you what this government doesn't believe is appropriate for ag workers: a 23-percent wage decrease in the years 1999-2000. That's not what this government supports.

What did we do? First year in government, we raised the piece rates by 21 percent. That's looking after agricultural workers.

Mr. Speaker: The member has a supplemental.

M. Farnworth: I noticed there was some confusion over there as to who is the Minister of Labour, so I'm going to give the person who is supposed to be the Minister of Labour for British Columbia — who is supposed to be the Minister of Labour for farmworkers in this province — the opportunity to answer a question.

Does the Minister of Labour believe that seniors and women who work a minimum of eight and sometimes 12 or 13 hours a day in this province picking crops after machines have done all the easy work…? Does she consider them to be big labour?

Hon. O. Ilich: It is plainly obvious that the members opposite are not interested in the facts, and they only want to score cheap political points based on a tragic accident.

This government has been committed since 2001. I will continue to work on making sure that farmworkers are paid the proper amount and on time, that they are paid when they should be, that they're educated as to their rights, that employers know their obligations and that we have the safest work environment, because that is the right thing to do.

[ Page 6155 ]

Interjection.

Mr. Speaker: Member.

H. Lali: There's a pattern that has been forming with this government since 2001. They have systematically discriminated against the lowest-paid workers in this province. They went after the HEU, where the members are mostly women and people who are immigrants — people of colour. And it's the same thing they've done here with farmworkers….

Interjections.

Mr. Speaker: Members. Members. Member for Yale-Lillooet has the floor.

H. Lali: Then this Liberal government has systematically discriminated against farmworkers, most of whom are women, seniors, immigrants and people of colour. They have….

Interjections.

H. Lali: My question is to the Minister of Labour. Does the Minister of Labour still believe that the lowest-paid workers in this province, the farmworkers, are big business? And what is she going to do to give them their rights back?

Hon. O. Ilich: The members opposite may think that they are defenders of the workers, but in fact we have done more for workers since we've been in power than they have ever done. Today there are jobs. We have….

[1415]Jump to this time in the webcast

Interjections.

Mr. Speaker: Members, until I can hear…. Members. Listen to the questions. Listen to the answer.

Minister of Labour, proceed.

Hon. O. Ilich: Today the unemployment rate is 4 percent. When they were in power….

Interjections.

Mr. Speaker: Members.

Continue, Minister.

Hon. O. Ilich: When they were in power, the unemployment rate was over 10 percent.

A. Dix: We talk about respect for workers. It was this government, after the Premier personally promised hospital workers, that engaged in the largest layoff of female workers in the history of Canada.

I say to the Minister of Labour that the government's decision to take away minimum-wage protections and to take away overtime protections from farmworkers was irresponsible. It targeted the workers in society the least able to defend themselves. I suggest to her that it's her job as Minister of Labour to defend those workers and not make excuses for the actions of the Premier.

So my question to the Minister of Labour is very simple. Will she reverse course? Will she ensure that farmworkers in British Columbia get access to the same minimum-wage protections?

Interjections.

Mr. Speaker: Members. Members.

Continue, Member.

A. Dix: The Government House Leader….

Interjections.

Mr. Speaker: Members. The member for Vancouver-Kingsway has the floor.

A. Dix: I think it's shameful that the Government House Leader, who stood in this House and stripped farmworkers of their rights, should try to shout down questions from the opposition. My question to you: were they braying and sneering when they stripped farmworkers of their rights? Was the Government House Leader braying and sneering when he took away the rights from farmworkers in British Columbia? Was that the attitude that led to those terrible decisions?

My question is to the Minister of Labour. Why not restore those protections today? Why not restore minimum-wage and overtime protections to farmworkers?

Hon. P. Bell: I know that, actually, the member likes to revisit history. In fact, often he likes to postdate the history.

Interjections.

Mr. Speaker: Members.

[1420]Jump to this time in the webcast

Hon. P. Bell: I have a question for the member opposite. I'm wondering: in 1999-2000, when the wages for ag workers dropped by 21 percent, was that their attempt to make sure that people earned minimum wage? I'm not sure.

Mr. Speaker: The member has a supplemental.

Interjections.

Mr. Speaker: Members.

Continue.

A. Dix: Well, the members over there will know that when farmworkers come here from Mexico, they're guaranteed minimum-wage protections that farmworkers in British Columbia don't get today.

[ Page 6156 ]

I think that what we're talking about here is a group of workers who had their rights stripped. No amount of yelling, no number of insults will take away the record of this government, which took away minimum wage, overtime and basic protections from farmworkers. They can yell, and they can scream. They can cheer, and they can do whatever they like, but we're talking about workers who work terribly hard for very little money and deserve more respect from a government than this.

My question to the Minister of Labour is: how about some respect? How about some respectful behaviour for people who work hard and deserve the protections of the law? Why not apply the same laws in British Columbia that you would apply to other workers? Why not give farmworkers back the rights that your government stripped?

Hon. P. Bell: You know, obviously the numbers are painfully obvious to the members opposite. In 2002 when we made the adjustments to the structure of agriculture worker programs, the average wage rates went from $11.83 an hour to $12.77 an hour. That's an 8-percent increase as a result of those changes.

Respecting agricultural workers means that B.C. has the third-highest-paid agriculture workers in all of Canada. You know, if they really want to know if the way we're treating ag workers is appropriate, maybe they should go talk to their cousins in Saskatchewan where the rules are exactly the same as they are in British Columbia.

[End of question period.]

Mr. Speaker: I want to remind members that maybe after today, they might want to go back and watch the tape of what took place today. The decorum of this House has been something that I think, as members, we've been pretty proud of, and I've been proud as a Speaker going across Canada. But I think all members should go back and watch exactly what took place today.

I will second that advice Mr. Speaker - kootcoot



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Saturday, March 10, 2007

Real News
is Not News
at Canned West



Secret Facility (Hornby & Robson)

It seems like maybe the farther a person is from the courthouse and Vancouver, the more likely one is to be informed regarding what is going on in what is becoming known as the BC Rail trial. Amusingly enough, this week that even seemed to apply to Justice Elizabeth Bennett who discovered the contents of court documents in the Globe and Mail while she was in Montreal. During a disclosure hearing on Wednesday, March 7, according to Mark Hume in a subsequent G&M article -

Judge Bennett opened proceedings yesterday by asking if any of the lawyers knew how a defence application for disclosure came to be leaked to The Globe and Mail last week, before it was filed with the court registry.

The judge, who has often said she scrupulously avoids news coverage of the case, said she was surprised to pick up The Globe in Montreal and find a story about materials that had not yet been set before her.


Ms. Justice Bennett, may I respectfully suggest that if you want to avoid coverage of the case, just stay in the Lower Mainland until the trial is finished. Also, stay away from blogs online and smaller papers, including out of town dailies. It's really too bad the Basi boys opted for trial by judge alone, as the jury pool in Greater Vancouver has been left blissfully unaware of the issue for the most part and seating an unbiased (or totally unaware) jury would most likely be pretty simple to effect.

The fact that this hearing even took place on Wednesday was definitely on the QT in BC as Bill Tieleman (one of the few local reporters paying attention) in Just 5 newspapers in BC report on Basi-Virk trial update at his blog, points out.


Disappointing to discover that just 5 newspapers in British Columbia bothered to report on the latest developments in the trial of David Basi and Bob Virk, two former provincial government aides charged with breach of trust.

My own newspaper, 24 hours, ran my report from the BC Supreme Court hearing Wednesday, the Globe and Mail ran a report by Mark Hume, who was also there, and the Kamloops Daily News, the Nelson Daily News and the Prince George Citizen ran stories written by Canadian Press reporter Camille Bains.

...........snip

That means neither the Vancouver Sun, the Province nor the Victoria Times-Colonist reported that the most important political criminal trial in British Columbia has been delayed again, or that serious questions were raised about the evidence and about the lack of public access to court documents.


Since Editor in Chief of the Times-Colonist, Lucinda Chodan, assured BC Mary that when there was news, they would publish it, perhaps nothing really happened. That of course begs the question or why was it relevant or of interest in Montreal, Toronto, Prince George, Kamloops and Nelson. Of course maybe people in those places are pretty bored and it doesn't take much to amuse them, unlike the Lower Mainland and Vancouver Island where the coverage of the Robert Pickton trial leaves no room for minor stuff.

Even 24 Hours, which Bill Tieleman writes for, though it doesn't totally ignore the BC Rail trial, has its regular section devoted to Pickton coverage (see left). As terrible, especially for the victims and their families, as the crimes that Willy Pickton is alleged to have committed may be, they are certainly no more important to the citizens of British Columbia than whatever is behind the Raid on the Legislature and the (hopefully) upcoming trial.


There may be fifty or more victims of the Pig Farm crimes, but virtually every citizen of BC is a potential victim of the crimes that this trial may bring to light. We are systematically, underhandedly and dishonestly having our common assets and the control over them and our destiny removed by the Soup Nazi and his cohorts and Corporate buddies for their exclusive benefit. This trial may be our only chance to look behind the curtain and perhaps effect a change in the direction of this ongoing larceny. People in this province deserve to be informed and Canned West/Glowball, as usual, should be ashamed of its typical failure to act in the interest of their readers instead of their corporate self and friends.




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Thursday, March 01, 2007

What, a Week
it has Been for
BC Rail Trial


What a week we've had with the Basi, Virk and Basi affair this past week. To begin with on Monday, when we all expected some pre-trial conferences or filings to occur, no one could seem to find out if anything would happen or later if anything had happened.


Some people inquired with the office of the Attorney General, which frankly wasn't very effective. It took two days for staff there to get back to me and even then they didn't really answer the question(s) I had asked. After sending a message asking about the supposedly scheduled hearing for Monday, early Monday morning, I finally received on Tuesday afternoon this informative message about something else entirely.

There is a pre-trial conference set for 9:00 a.m. on March 7, 2007.


Tuesday and Wednesday though all kinds of things started happening regarding the case. BC Mary received some information purportedly coming from documents filed with the BC Supreme Court on Monday. Mary held that information to herself for awhile, having serious reservations about the provenance of the "documents." Shortly though media outlets from the local Canned West/GlowBall empire rags to the esteemed "grey lady of Hogtown" the Globe and Mail and various radio and TeeVee outlets started blasting various allegations concerning the Ferret Collins, Bruce Clark, Spidey Bornman(n) and others. In the Vancouver Sun we had the revelation that the RCMP had "spied" on the Finance Minister Ferret as he met over dinner with representatives of Omnitrax, the losing bidder to CN for BC Rail (the Railroad that wasn't for sale.)

The RCMP conducted a "massive" surveillance operation to spy on a meeting involving former finance minister Gary Collins as part of the investigation that led to the 2003 raid on the B.C. Legislature, according to court documents filed Monday.

For more of this article see:

RCMP spied on B.C. finance minister, papers show


I must admit that if the police were investigating yours truly, they would probably not refer to it as "spying." But then I'm neither a Finance Minister nor a ferret.


Then from the center of the universe our Gyro Award winning writer Gary Mason chimed in and added to the din. On Tuesday Gary weighed in with Legislature case becomes a swirl of accusations where in the part not hidden behind the Globe and Mail paywall he said:

The defence in the fraud and bribery trial connected with the sensational raid on the B.C. Legislature more than three years ago is demanding the Crown turn over potentially hundreds of more documents.

Last year Gary waited until after Christmas to write his Gyro winning spinning. This year he may be trying to lock up the prize on February 28 when this very balanced and non-partisan article was buried in the middle of the front section of the G & M.

Tales of RCMP antics may well shatter Crown's case

GARY MASON
28/02/07

The case against the principals in a government corruption trial is looking flimsier by the day.And the conduct of our national police force is once again being called into question. In fact, the actions of the RCMP have laid the groundwork for a future stay-of-proceedings application by defence lawyers representing three former political aides charged with various counts of bribery and influence peddling in connection with the sale of BC Rail.

For teasers from all of Gary's scribblings just go here.



Speaking of the documents filed in court that were being cited from sea to sea to sea, Robin Matthews decided to obtain a copy. Mary has a posting from him of how he spent most of Monday trying to do just that with no success. Robin starts out with:

I set out today to get to the documents in question on the application for disclosure of the Defence in the Basi, Basi, and Virk case in the hands of Madam Justice Elizabeth Bennett.
Without trying to spoil the story, I will just say that after many phone calls, many inquiries with not particularly helpful staff, the closest he came to finding the documents in question was when he was told that he could,

write to Madam Justice Elizabeth Bennett and ask to see the documents (the ones that are already being discussed publicly by "accepted" media outlets), or that I could make a formal application to appear before Madam Justice Elizabeth Bennett to ask if I can see the documents.


Perhaps one of the most heartening events of the last week though was when the Loyal Opposition returned from Tahiti or hibernation or where ever they have been and raised a flurry of potentially embarrassing questions in the House.

L. Krog: The former Finance Minister, Gary Collins, told this House that his meetings with Omnitrax representatives had nothing to do with the sell-off of B.C. Rail or the Roberts Bank spur line. New allegations cast those assertions into serious doubt. The allegations suggest that representatives of the Liberal cabinet and caucus set up the Roberts Bank spur line as a consolation prize for failed bidders. Mr. Collins was not the only member overseeing negotiations. [DRAFT TRANSCRIPT ONLY]
Can the Minister of Transportation confirm that other government ministers and MLAs sat on a committee to oversee the negotiations, and can he tell us who they were? [DRAFT TRANSCRIPT ONLY]

Hon. W. Oppal: This case is before the Supreme Court of British Columbia. The member knows that. A special prosecutor has conduct of the case. The member knows that too. Where the matter is before the Supreme Court and a special prosecutor has been appointed, it is totally inappropriate to discuss this matter in public. The member is a member of the bar. He should know better than to ask that question. [DRAFT TRANSCRIPT ONLY]

The bolded part above is my bolding, Mr. Oppal managed to repeat this in not necessarily the same exact words more times than I know numbers to count with. Well, perhaps I exagerate, slightly, but the AG who has no problem commenting on any matter before the courts be it this case or the Pickton case when he is on the street suddenly finds the cat has his tongue when he is in the House and protected by privilege and thus unable to answer questions from the Justice Critic.



Update March 2 - As long as Wally Oppal is the Attorney General he is accountable to the people of British Columbia and subject to criticism of his statements or policies . However I would like to wish Mr. Oppal all the best of luck in his current battle with cancer. From what I've heard he seems to have a positive attitude, which is desirable. Also I've found that people faced with mortality like Mr. Oppal currently is sometimes re-evaluate their priorities and values. Mainly, I want to wish Wally the best in his recovery.

To read the rest of the Hansard Draft, and count the many ways the AG can "not" answer a question click on the More down below where the complete draft exchange will be appended.



Oral Questions

DISCLOSURE OF DOCUMENTS IN
B.C. RAIL–CN RAIL INVESTIGATION

L. Krog: The former Finance Minister, Gary Collins, told this House that his meetings with Omnitrax representatives had nothing to do with the sell-off of B.C. Rail or the Roberts Bank spur line. New allegations cast those assertions into serious doubt. The allegations suggest that representatives of the Liberal cabinet and caucus set up the Roberts Bank spur line as a consolation prize for failed bidders. Mr. Collins was not the only member overseeing negotiations. [DRAFT TRANSCRIPT ONLY]
Can the Minister of Transportation confirm that other government ministers and MLAs sat on a committee to oversee the negotiations, and can he tell us who they were? [DRAFT TRANSCRIPT ONLY]

Hon. W. Oppal: This case is before the Supreme Court of British Columbia. The member knows that. A special prosecutor has conduct of the case. The member knows that too. Where the matter is before the Supreme Court and a special prosecutor has been appointed, it is totally inappropriate to discuss this matter in public. The member is a member of the bar. He should know better than to ask that question. [DRAFT TRANSCRIPT ONLY]

L. Krog: With the greatest respect to the Attorney General, members of this government are not currently under investigation. This is a matter before the public. In an information bulletin dated November 3, 2003, this government established a steering committee to "assist in overseeing negotiations." The committee was struck "to ensure the best deal for British Columbians." [DRAFT TRANSCRIPT ONLY]
Committee members included the current Minister of Education, the current Minister of Agriculture and the current Minister of Energy. Did that committee ever discuss the potential of the deal collapsing if only one bidder remained? [DRAFT TRANSCRIPT ONLY]

Hon. W. Oppal: However the opposition member may characterize his question, the fact is that when he's talking about B.C. Rail, he's talking about a matter that's before the Supreme Court of British Columbia. [DRAFT TRANSCRIPT ONLY]
[1350]

He knows full well that it would be totally improper for me or for any other member of this House, as lawmakers, to discuss this issue. [DRAFT TRANSCRIPT ONLY]

C. James: Within the application for disclosure, there is a long list of documents the defence counsel has requested. Those requests are now a year old, and the government has withheld the information from the special prosecutor. [DRAFT TRANSCRIPT ONLY]
To the Attorney General: why has the government refused defence counsel's requests to access information? [DRAFT TRANSCRIPT ONLY]

Hon. W. Oppal: The special prosecutor has advised us that it is not appropriate to comment publicly on any of these allegations that are made. These are allegations that are made by defence counsel. When the defence makes allegations of this sort, I can tell the Leader of the Opposition that the normal course of events is for the prosecutor to respond in court. That's where these matters are heard — in court. [DRAFT TRANSCRIPT ONLY]

Mr. Speaker: The Leader of the Opposition has a supplemental. [DRAFT TRANSCRIPT ONLY]

C. James: I must state again that my understanding is the government is not before the courts. We're talking here about very specific materials that have been requested. When this case began, the Premier personally pledged that the government would fully cooperate in the investigation. Now it seems that the government is withholding information. It's been over a year, according to documents, since counsel asked for this information. [DRAFT TRANSCRIPT ONLY]
So my question again to the Attorney General: why is the government refusing to cooperate? [DRAFT TRANSCRIPT ONLY]

Hon. W. Oppal: There's absolutely no evidence that the government is not cooperating. I'll say it one more time. The conduct of the case is in the hands of a special prosecutor who's at arm's length from the government. He conducts the case. He has advised us clearly — and it has got to be obvious to everyone in this House — that it is totally inappropriate to talk about a case that's being litigated in the Supreme Court of British Columbia. [DRAFT TRANSCRIPT ONLY]

Mr. Speaker: Leader of the Opposition has a further supplemental. [DRAFT TRANSCRIPT ONLY]

C. James: I'm not speaking about the specifics of this case. I am speaking about government's actions related to information to ensure that this case will go forward. The disclosure requests were sent to a representative of the provincial government over a year ago. So my question to the Attorney General is: who is the representative that received those requests over a year ago? [DRAFT TRANSCRIPT ONLY]

Hon. W. Oppal: You know, we have a trial judge who is presiding over the case. The trial judge will ensure that all those matters that are necessary for defence disclosure will be made. In the meantime, it's appropriate for us to keep out of the case and not discuss the case. I don't know how much more plain I could be. [DRAFT TRANSCRIPT ONLY]

Mr. Speaker: Just a friendly reminder to members that if we're going to continue along this line of questioning, the Attorney General has stated clearly that this is a matter before the courts. [DRAFT TRANSCRIPT ONLY]

J. Kwan: The government holds the documents that may assist in the court case. If the government can't get bidders in their privatization schemes, then there's not even the appearance of competition, and the process falls apart. [DRAFT TRANSCRIPT ONLY]
If the government doesn't release the information requested by the defence counsel and the special Crown prosecutor, how can British Columbians then be asked to have confidence and be sure that other privatization schemes have not been tainted? [DRAFT TRANSCRIPT ONLY]

[1355]

Hon. W. Oppal: I'll say it one more time. Defence counsel has made certain allegations. The special prosecutor, I would expect, will reply in kind. In the meantime, the special prosecutor has advised us quite clearly and quite properly that it's inappropriate for us to comment on these matters. There may be some substance to the defence allegations; there may be none. It's foolish to assume that because the defence have asked for certain documents, they already haven't been provided. [DRAFT TRANSCRIPT ONLY]
That's why we have the rule. We keep out of matters that are before the Supreme Court or any court. We're not in a position to comment on those matters. It's inappropriate for lawmakers. That is so clear, so basic, so fundamental — as to why we observe that rule. [DRAFT TRANSCRIPT ONLY]

Mr. Speaker: The member has a further supplemental. [DRAFT TRANSCRIPT ONLY]

J. Kwan: The opposition is not asking for the government to comment on the case. The opposition is simply asking the government…

Interjections. [DRAFT TRANSCRIPT ONLY]

Mr. Speaker: Members. Members. Proceed, Member. [DRAFT TRANSCRIPT ONLY]

J. Kwan: …to release documents that would actually assist in that process with the court case. The Premier made a commitment. "The important thing is that neither the RCMP nor the government shy away from carrying out a thorough, complete and diligent investigation in the public interest." The Premier further said: "Obviously, it's troubling to everyone, but the important thing is that there is an ongoing investigation and that I've told everyone to be as open and as transparent as they can about the entire situation, and I hope the RCMP will do that as well." [DRAFT TRANSCRIPT ONLY]
The opposition is asking the government to live up to the spirit of the Premier's comments by advising the public who is the representative representing the province with respect to the information that's not being released. Who is that person, and why won't the government release that information to the courts? [DRAFT TRANSCRIPT ONLY]

Hon. W. Oppal: As near as I can understand the question, the member is asking the government to release documents. We have a trial judge that does that. The application is before the trial judge. It's not before the government. It's not before us. We can't release the documents. That's entirely before the trial judge in the Supreme Court of British Columbia who's presiding over the trial. [DRAFT TRANSCRIPT ONLY]

Mr. Speaker: Just a friendly reminder again to members to be cautious, if we're proceeding along the same line of questioning. [DRAFT TRANSCRIPT ONLY]

M. Farnworth: The issue is disclosure. The question that we are asking is…. It's been a year since the request was put forward for that information to be released, yet it has not been released. [DRAFT TRANSCRIPT ONLY]
So the question we will ask — and the Attorney General may not like answering it, but it's legitimate for us to ask — is: why has it taken so long to have this information released or given to the court? How long will it be, and when will it happen? [DRAFT TRANSCRIPT ONLY]

Hon. W. Oppal: Same question with more vigour. First of all, we don't know that the documents haven't been given. I can tell you a little bit about courtrooms. Defence counsel often make allegations. Sometimes they're accurate; sometimes they're not. We have a trial judge that presides over these. The trial judge will determine — forgive me if I'm lecturing, but I am — whether or not there's any substance to the application. [DRAFT TRANSCRIPT ONLY]
In the meantime, we as lawmakers keep out of it. It's for the courts to decide on an independent basis. We don't interfere with the deliberations of courtrooms and of judges. That's why we have independent judges who decide these cases and decide these difficult issues in criminal and civil cases. [DRAFT TRANSCRIPT ONLY]

[1400]

Mr. Speaker: The member has a supplemental. [DRAFT TRANSCRIPT ONLY]

M. Farnworth: If only a few of these allegations are proven true, hon. Speaker, that will be very disturbing indeed. So once again, the question is quite simple. Can the Attorney General confirm or not confirm whether this information has at least been released? [DRAFT TRANSCRIPT ONLY]

Hon. W. Oppal: I'm not going to confirm anything. It's not my job to confirm anything. The member of the opposition obviously has the document that's been filed in the Supreme Court of British Columbia. That's what he's referring to. It's a document filed by defence counsel. [DRAFT TRANSCRIPT ONLY]
I'll say one more time that it would be inappropriate and it would be wrong — 100 different ways — for me to comment on it, and I'm not going to comment on it. [DRAFT TRANSCRIPT ONLY]




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